A   SOURCE   BOOK   FOR 
MEDIAEVAL    HISTORY 


A  SOURCE  BOOK  FOR 
MEDIEVAL  HISTORY 

SELECTED   DOCUMENTS   ILLUSTRATING 

THE   HISTORY   OF   EUROPE   IN 

THE   MIDDLE   AGE 


BY 

OLIVER  J.  \THATCHER,  PH.D. 

AND 

EDGAR  HOLMES  McNEAL,  Pn.D. 

PROFESSOR   OF   EUROPEAN   HISTORY   IN   THE   OHIO   STATE   UNIVERSITY 


CHARLES   SCRIBKER'S   SONS 
NEW  YORK      CHICAGO      BOSTON 


COPYRIGHT,  1905,  BY 
CHARLES  SCRIBNER'S  SONS 


Printed  in  the  United  States  of  America 
G 


PREFACE 

THE  use  of  original  sources  in  the  teaching  of  mediaeval  history 
is  still  hampered  by  the  scarcity  of  material  adapted  to  the  needs 
of  the  student.  This  situation  is  sufficient  excuse  for  the  publica- 
tion of  a  new  book  of  translations  of  important  mediaeval  documents, 
if  such  a  book  does  more  than  reedit  old  material — if  it  presents, 
along  with  the  usual  and  familiar  sources,  documents  not  elsewhere 
translated  or  brings  together  documents  not  otherwise  easily  acces- 
sible. We  believe  the  present  work  does  that,  and  that  it  also  makes 
the  use  of  this  material  more  practicable  by  giving  fuller  notes  and 
explanations  than  has  usually  been  attempted. 

Our  purpose  in  general  has  been  to  present  material  touching  only 
what  may  be  called  the  most  important  matters  (persons,  events, 
movements,  institutions,  and  conditions)  of  the  whole  mediaeval  pe- 
riod. We  have  not  tried  to  make  a  complete  source-book  for  the 
period,  but  only  to  offer  in  usable  form  illustrative  material  which 
may  be  of  service  to  both  teacher  and  student  in  general  or  informa- 
tion courses.  Each  document  is  meant  to  illustrate  or  illumine  one 
particular  thing.  While  it  may  throw  light  on  many  other  things, 
the  teacher  should  be  warned  not  to  attempt  to  deduce  from  these  few 
documents  the  whole  history  and  life  of  the  Middle  Age. 

We  are  fully  aware  that  in  the  choice  of  documents  we  shall  not 
please  all.  Many  of  the  documents  here  given  are  clearly  essential 
and  must  be  found  in  such  a  book  as  we  have  tried  to  make.  Con- 
cerning all  such  there  can  be  no  question.  As  to  the  others,  there 
are  hundreds  of  documents  which  would  serve  our  purpose  quite  as 
well  as  those  we  have  used,  perhaps  even  better.  In  making  our 
selections  we  have  been  guided  by  a  great  variety  of  considerations 
which  it  would  be  useless  to  enumerate.  While  another  would  have 
made  a  different  selection,  we  believe  that  the  documents  which  we 
present  really  illustrate  the  matter  in  question,  and  therefore  will 
be  found  satisfactory.  With  this  we  shall  be  quite  content.  The 
necessity  of  selection  has  also  led  us  to  omit  the  political  history  of 
France  and  England.  We  felt  that  we  could  properly  leave  out  Eng- 
lish documents,  because  there  are  already  several  excellent  collections 


vi  PREFACE 

of  English  sources,  such  as  those  of  Lee,  Colby,  Adams,  and  Stephens, 
etc.  In  regard  to  France  we  were  in  doubt  for  some  time,  but  the 
desire  to  keep  the  size  of  the  book  within  certain  limits  at  length 
prevailed.  We  hope,  however,  to  atone  for  this  omission  by  publish- 
ing soon  a  small  collection  of  documents  relating  exclusively  to 
France. 

It  will  be  observed  that  we  have  made  use  chiefly  of  documents, 
quoting  from  chronicles  only  when  it  seemed  absolutely  necessary. 
An  exception  to  this  general  principle  is  found  in  section  I,  where 
a  larger  use  of  chronicles  was  rendered  necessary  by  the  lack  of 
documentary  sources  for  much  of  the  period  covered;  but  it  is  per- 
haps unnecessary  to  apologize  for  presenting  selections  from  the  im- 
portant histories  of  Tacitus,  Gregory,  Einhard,  and  Widukind.  In 
the  matter  of  form  (translation,  omissions,  arrangements,  notes, 
etc.),  we  were  guided  by  considerations  of  the  purpose  of  the  book. 
The  style  of  most  of  the  documents  in  the  original  is  involved,  ob- 
scure, bombastic,  and  repetitious.  A  faithful  rendition  into  English 
would  often  be  quite  unintelligible.  We  have  endeavored  to  make  a 
clear  and  readable  translation,  but  always  to  give  the  correct  mean- 
ing. If  we  have  failed  in  the  latter  it  is  not  for  want  of  constant 
effort.  We  have  not  hesitated  to  omit  phrases  and  clauses,  often  of 
a  parenthetical  nature,  the  presence  of  which  in  the  translation  would 
only  render  the  passage  obscure  and  obstruct  the  thought.  As  a 
rule  we  have  given  the  full  text  of  the  body  of  the  document,  but 
we  have  generally  omitted  the  first  and  last  paragraphs,  the  former 
containing  usually  titles  and  pious  generalities,  and  the  latter  being 
composed  of  lists  of  witnesses,  etc.  We  have  given  a  sufficient  num- 
ber of  the  documents  in  full  to  illustrate  these  features  of  mediaeval 
diplomatics.  All  but  the  most  trivial  omissions  in  the  text  (which 
are  matters  rather  of  form  of  translation )  are  indicated  thus :  .  .  . 
Insertions  in  the  text  to  explain  the  meaning  of  phrases  are  inclosed 
in  brackets  [  ].  Quotations  from  the  Bible  are  regularly  given  in 
the  words  of  the  Authorized  Version,  but  where  the  Latin  (taken 
from  the  Vulgate)  differs  in  any  essential  manner,  we  have  some- 
times translated  the  passage  literally. 

Within  each  section  the  documents  are  arranged  in  chronological 
order,  except  in  a  few  cases  where  the  topical  arrangement  seemed 
necessary.  We  believe  that  the  explanatory  notes  in  the  form  of  in- 
troductions and  foot-notes  will  be  found  of  service ;  they  are  by  no 
means  exhaustive,  but  are  intended  to  explain  the  setting  and  impor- 
tance of  the  document  and  the  difficult  or  obscure  passages  it  may 
contain.  The  reference  to  the  work  or  the  collection  in  which  the 


PREFACE  vii 

original  is  found  is  given  after  the  title  of  practically  every  docu- 
ment ;  the  meaning  of  the  references  will  be  plain  from  the  accom- 
panying bibliography.  The  original  of  nearly  all  the  documents  is 
in  Latin;  some  few  are  in  Greek,  Old  French,  or  German,  and  in 
such  cases  the  language  of  the  original  is  indicated. 

It  is  impossible,  of  course,  to  give  explicit  directions  as  to  the 
use  of  the  book,  other  than  the  very  obvious  methods  of  requiring 
the  student  to  read  and  analyze  the  documents  assigned  in  connection 
with  the  lesson  in  the  text-book,  and  of  making  clear  to  him  the  rela- 
tion of  the  document  to  the  event.  It  may  be  possible  also  for  the 
teacher  to  give  the  student  some  notion  of  the  meaning  of  "  historical 
method  " ;  e.g.,  the  necessity  of  making  allowance  for  the  ignorance  or 
the  bias  of  the  author  in  chronicles,  or  the  way  in  which  a  knowledge 
of  institutions  is  deduced  from  incidental  references  in  documents. 
Suggestions  of  both  sorts  will  be  found  in  the  introduction  and  notes. 
The  teacher  should  insist  on  the  use  of  such  helps  as  are  found  in 
the  book:  notes,  cross-references,  glossary,  etc.  Groups  of  docu- 
ments can  be  used  to  advantage  in  topical  work:  assigned  topics 
worked  up  from  authorities  can  be  illustrated  by  documents  selected 
from  the  book ;  e.g.,  imperial  elections,  papal  elections,  the  Normans 
in  Sicily,  history  of  the  Austrian  dominions,  Germans  and  Slavs  on 
the  eastern  frontier,  relations  of  the  emperors  and  the  popes  before 
the  investiture  strife,  etc. 


TABLE    OF   CONTENTS 

PAO» 

SECTION  I.    THE  GERMANS  AND  THE  EMPIRE  TO  1073  .     .     ..     .  1-81 

1.  Selections  from  the  Germania  of  Tacitus,  ca.  100    .      .      .  2 

2.  Procopius,  Vandal  war 11 

3.  Procopius,  Gothic  war 12 

4.  The  Salic  law,  co.  500 14 

5.  Selections  from  Gregory  of  Tours 26 

6.  The  coronation  of  Pippin,  751 37 

7.  Einhard's  Life  of  Karl  the  Great 38 

8.  The  imperial  coronation  of  Karl  the  Great,  800    ....  48 

9.  General  capitulary  about  the  missi,  802 48 

10.  Selections  from  the  Monk  of  St.  Gall 51 

11.  Letter  of  Karl  the  Great  to  Baugulf,  787 55 

12.  Letter  of  Karl  about  the  sermons  of  Paul  the  Deacon     .      .  56 

13.  Recognition  of  Karl  by  the  emperors  at  Constantinople,  812  57 

14.  Letter  of  Karl  to  emperor  Michael  I,  813 58 

15.  Letter  to  Ludwig  the  Pious  about  a  comet,  837         ...  59 

16.  The  Strassburg  oaths,  842 60 

17.  The  treaty  of  Verdun,  843.     Annales  Bertiniani       ...  62 

18.  The  treaty  of  Verdun.     Regino 63 

19.  The  treaty  of  Meersen,  870 64 

20.  Invasion  of  the  Northmen,  end  of  the  ninth  century      .      .  65 

21.  Invasion  of  the  Hungarians,  ca.  950 65 

22.  Dissolution  of  the  empire.     Regjjio 66 

23.  The  coronation  of  Arnulf,  896.     Regino 69 

24.  Rise  of  the  tribal  duchies  in  Germany,  ca.  900.     Saxony     .  69 

25.  Rise  of  the  tribal  duchies.     Suabia 70 

26.  Henry  I  and  the  Saxon  cities 71 

27.  The  election  of  Otto  I,  936         72 

28.  Otto  I  and  the  Hungarians,  955 75 

29.  The  imperial  coronation  of  Otto  I,  962 78 

30.  The  acquisition  of  Burgundy  by  the  empire,  1018-32.    Thiefc- 

mar  of  Merseburg 79 

31.  The  acquisition  of  Burgundy.     Wipo,  Life  of  Conrad  II     .  79 

32.  Henry  III  and  the  eastern  frontier,  1040-43         ....  8*0 

ix 


x  CONTENTS 

PAGE 

SECTION  II.     THE    PAP  CY   TO    THE  ACCESSION  OF  GREGORY 

VII,  1073 82-131 

33.  Legislation  concerning  the  election  of  bishops,   fourth  to 

ninth  centuries 83 

'34.  Pope  to  be  chosen  from  the  cardinal  clergy 84 

35.  The  Petrine  theory  as  stated  by  Leo  I,  440-461     ^v".  .    " .  85 

36.  The  emperor  gives  the  pope  secular  authority,  554    .      .      .  86 

37.  Letter  from  the  church  afe  Rome  to  the  emperor  at  Constan- 

tinople, ca.  650     .      .      .      .      .....  •";•  "•".*    .  87 

38.  Letter  from  the  church  at  Rome  to  the  exarch  of  Ravenna, 

.    ca.  600  ••     .-     .- ;.     i-  ;.  89 

39.  Gregory  I  sends  missionaries  to  the  English,  596.    Bede    .      .  92 

40.  The  oath  of  Boniface  to  Gregory  II,  723    ..'...      .  93 

41.  Letter  of  Gregory  II  to  emperor  Leo  III,  726  or  727       .      .  95 

42.  Gregory  III  excommunicates  iconoclasts,  731        .      .      .      .  101 

43.  Letter  of  Gregory  III  to  Karl  Martel,  739  .      .      .      .      .      .  101 

44.  Promise  of  Pippin  to  Stephen  II,  753,  754 102 

45.  Donation  of  Pippin,  756        .-..-.. 104 

46.  Promise  of  Karl  to  Adrian  I,  774 105 

47.  Letter  of  Karl  to  Leo  III,  796    .•'. •-".':-/ 107 

48.  Karl  exercises  authority  in  Rome,  800 108 

49.  Oath  of  Leo  III  before  Karl,  800 108 

50.  Oath  of  the  Romans  to  Ludwig  the  Pious  and  Lothar,  824    .  109 
61.  Letter  of  Ludwig  II  to  Basil,  emperor  at  Constantinople,  871  110 

52.  Papal  elections  to  be  held  in  the  presence  of  the  emperor's 

representatives,  898    .     .      .      .      .      .      ...      .      .  113 

53.  Oath  of  Otto  I  to  John  XII,  961 114 

54.  Otto  I  confirms  the  pope  in  the  possession  of  his  lands,  962  115 

55.  Leo  VIII  grants  the  emperor  the  right  to  choose  popes,  963  1 18 

56.  Letter  of  Sylvester  II  to  Stephen  of  Hungary,  1000  .      .      .  119 

57.  Henry  III  deposes  and  creates  popes,  1048 121 

58.  Oath  of  Robert  Guiscard  to  Nicholas  II,  1059      ....  124 

59.  Papal  election  decree  of  Nicholas  II,  1059 126 

SECTION  III.    THE  STRUGGLE  BETWEEN  THE  EMPIRE  AND  THE 

PAPACY,  1073-1250   .    • 132-259 

60.  Prohibition  of  simony  and  marriage  of  the  clergy,  1074      .  134 

61.  Simony  and  celibacy;  Roman  council,  1074 134 

62.  Celibacy,  1074 ..135 


CXJJN  TENTS  xi 

PAGB 

63.  Celibacy,  ninth  general  council  in  the  Lateran,  1123  .      .     .  135 

64.  Prohibition  of  lay  investiture,  1078       ....      i      ..  136 

65.  Dictatus  papue,  ca   1090        136 

66.  Letter  of  Gregory  VII  commending  his  legates,  1074       .      .  139 

67.  Oath  of  the  patriarch  of  Aquileia  to  Gregory  VII,  1079    .      .  140 

68.  Oath  of  Richard  of  Capua  to  Gregory  VII,  1073  .     .      .      .  140 

69.  Letter  of  Gregory  VII  to  the  princes  wishing  to  reconquer 

Spain,  1073 142 

70.  Letter  of  Gregory  VII  to  Wratislav,  duke  of  Bohemia,  1073  143 

71.  Letter  of  Gregory  VII  to  Sancho,  king  of  Aragon,  1074      .  143 

72.  Letter  of  Gregory  VII  to  Solomon,  king  of  Hungary,  1074  144 

73.  Letter  of  Gregory  VII  to  Demetrius,  king  of  Russia,  1075  145 

74.  Letter  of  Gregory  VII  to  Henry  IV,  1075        .      .      .      .      .  146 

75.  Deposition  of  Gregory  VII  by  Henry  IV,  1076     ....  151 

76.  Letter  of  the  bishops  of  Germany  to  Gregory  VII,  1076      .  153 

77.  First   deposition   and   excommunication  of  Henry  IV  by 

Gregory  VII,  1076 155 

78.  Agreement  at  Oppenheim,  1076 156 

79.  Edict  annulling  the  decrees  against  Gregory  VII,  1076     .      .  157 

80.  Letter  of  Gregory  VII  concerning  the  penance  of  Henry  IV 

at  Canossa,  1077 157 

81.  Oath  of  Henry  IV 160 

82.  Countess  Matilda  gives  her  lands  to  the  church,  1102     .      .  160 

83.  First  privilege  of  Paschal  II  to  Henry  V,  1111      .      .      .      .  161 

84.  Second  privilege  of  Paschal  II  to  Henry  V,  1111        .      .      .  163 

85.  Concordat  of  Worms,  1122.     Promise  of  Calixtus  II       .      .  164 

86.  Concordat  of  Worms.     Promise  of  Henry  V         ....  165 

87.  Election  notice,  1125 166 

88.  Anaclete  II  gives  title  of  king  to  Roger  of  Sicily,  1130  .      .  168 

89.  Coronation  oath  of  Lothar  II,  1 133 169 

90.  Innocent  II  grants  the  lands  of  Countess  Matilda  to  Lothar 

II,  1133 170 

91.  Letter  of  Bernard  of  Clairvaux  to  Lothar  II,  1134     ...  171 

92.  Letter  of  Bernard  of  Clairvaux  to  Conrad  III,  1140         .      .  172 

93.  Letter  of  Conrad  III  to  John  Comnenus,  1142      ....  173 

94.  Letter  of  Wibald,  abbot  of  Stablo,  to  Eugene  III,  1150      .  174 

95.  Letter  of  Frederick  I  to  Eugene  III,  1152        .      .      .      .      .176 

96.  Answer  of  Eugene  III,  1152 178 

97.  Treaty  of  Constance,  1153           178 


xii  CONTENTS 

PAGE 

98.  Stirrup  episode,  1155 180 

99.  Treaty  of  Adrian  IV  and  William  of  Sicily,  1156       ...  181 

100.  Letter  of  Adrian  IV  to  Frederick  I,  1157         183 

101.  Manifesto  of  Frederick  I,  1157         186 

102.  Letter  of  Adrian  IV  to  Frederick  I,  1158         187 

103.  Definition  of  regalia,  1158 188 

104.  Letter  of  Eberhard,  bishop  of  Bamberg,  1159       ....  190 

105.  Letter  of  Alexander  III  in  regard  to  disputed  papal  election 

of  1159 192 

106.  Letter  of  Victor  IV,  1159 194 

107.  Account  given  by  Gerhoh  of  Reichersberg,  ca.  1160        .      .  196 

108.  Preliminary  treaty  of  Anagni,  1176 196 

109.  Peace  of  Constance,  1183 199 

110.  Formation  of  the  duchy  of  Austria,  1156 202 

111.  The  bishop  of  Wiirzburg  becomes  a  duke,  1168    ....  203 

112.  Decree  of  Gelnhausen,  1180 205 

113.  Papal  election  decree  of  Alexander  III,  1179         .      .      .      .  207 

114.  Innocent  III  to  Acerbius,  1198        208 

1 15.  Innocent  III  grants  the  pallium  to  the  archbishop  of  Trnova, 

1201 208 

116.  Innocent  III  to  the  archbishop  of  Auch,  1198 209 

117.  Innocent  III  commands  all  in  authority  to  aid  his  legates, 

1198 210 

118.  Innocent  III  to  the  king  of  Aragon,  1206 211 

119.  Innocent  III  to  the  French  bishops,  1198 211 

120.  Innocent  III  forbids  violence  to  the  Jews,  1199    .     .      .      .  212 

121.  Innocent  III  to  the  archbishop  of  Rouen,  1198     ....  213 

122.  Innocent  III  forbids  laymen  to  demand  tithes  from  the 

clergy,  1198 213 

123.  Oath  of  the  prefect  of  Rome  to  Innocent  III,  1198     ...  214 

124.  Oath  of  John  of  Ceccano  to  Innocent  III,  1201     ....  215 

125.  Innocent  III  to  the  archbishop  of  Messina,  1203  ....  216 

126.  Innocent  III  to  the  English  barons,  1206         217 

127.  Innocent  III  to  Peter  of  Aragon,  1211 218 

128.  Innocent  III  grants  the  title  of  king  to  the  duke  of  Bohemia, 

1204 218 

129.  Innocent  III  to  the  English  barons,  1216         219 

130.  Innocent  III  decides  the  disputed  election  of  Frederick, 

Philip  of  Suabia,  and  Otto,  1201     .......  220 


CONTENTS  xiii 

FAGB 

131.  Treaty  between  Philip  of  Suabia  and  Philip  II  of  France, 

1198 227 

132.  Alliance  between  Otto  IV  and  John  of  England,  1202     .      .  228 

133.  Concessions  of  Philip  of  Suabia  to  Innocent  III,  1203     .      .  228 

134.  Promise  of  Frederick  II  to  Innocent  III,  1213      ....  230 

135.  Promise  of  Frederick  II  to  resign  Sicily,  1216       ....  232 

136.  Concessions  of  Frederick  II  to  the  ecclesiastical  princes, 

1220 233 

137.  Decision  of  the  diet  concerning  new  tolls  and  mints,  1220     .  236 

138.  Frederick  II  gives  a  charter  to  the  patriarch  of  Aquileia, 

1220 237 

139.  Statute  of  Frederick  II  in  favor  of  the  princes,  1231-32     .  238 

140.  Treaty  of  San  Germano,  1230.     Preliminary  agreement     .  240 

141.  Papal  stipulations  in  treaty  of  San  Germano 242 

142.  Letter  of  Gregory  IX  about  the  emperor's  visit,  1230     .  244 

143.  Papal  charges  and  imperial  defence,  1238 245 

144.  Excommunication  of  Frederick  II,  1239 254 

145.  Current  stories  about  Frederick  II.    Matthew  of  Paris    .      .  256 

SECTION   IV.    THE   EMPIRE,    1250-1500 260-308 

146.  Diet  of  Nvirnberg,  1274 260 

147.  The  German  princes  confirm  Rudolf's  surrender  of  Italy, 

1278-79 263 

148.  Revocation  of  grants  of  imperial  lands,  1281 265 

149.  Electoral  "letter  of  consent,"  1282 265 

150.  Letter  of  Rudolf  to  Edward  I  of  England,  1283         ...  266 

151.  Decree  against  counterfeiters,  1285 267 

152.  The  beginning  of  the  Swiss  confederation,  1290    ....  267 
152  a.  Edict  of  Rudolf,  in  regard  to  Schwyz,  1291        ....  269 

153.  Concessions  of  Adolf  of   Nassau  to  the  archbishop  of  Co- 

logne, 1292 270 

154.  The  archbishop  of  Mainz  confirmed  as  archchancellor  of  Ger- 

many, 1298 276 

155.  Declaration  of  the  election  of  Henry  VII,  1308     ....  277 

156.  Supplying  of  the  office  of  archchancellor  of  Italy,  1310     .  278 

157.  The  law  "Licet  juris,"  1338 279 

158.  The  diet  of  Coblenz,  1338.     Chronicle  of  Flanders       ...  281 

159.  The  diet  of  Coblenz.     Chronicle  of  Henry  Knyghton  ...  282 

160.  The  Golden  Bull  of  Charles  IV,  1356 283 


xiv  CONTENTS 

PAGE 

160  a.  Complaint  of  the  cities  of  Brandenburg  to  Sigismund,  1411  306 
160  b.  Sigismund  orders  the  people  to  receive  Frederick  of  Hohen- 

zollern  as  governor,  1412      .      .      .      ...      .      .      .  307 

SECTION  V.  -THE  CHURCH,  1250-1500        .     ."     .XV':.     .  309-340 

161.  Bull  of  Nicholas  III  condemning  heretics,  1280     ....  309 

162.  Bull  "Clericislaicos"  of  Boniface  VIII,  1298      .      .      .      .311 

163.  Boniface  VIII  announces  the  jubilee  year,  1300    ....  313 

164.  The  bull  "Unam  sanctam"  of  Boniface  VIII,  1302         .      .  314 

165.  The  conclusions  of  Marsilius  of  Padua,  1324 317 

166.  Condemnation  of  Marsilius  of  Padua,  1327 324 

167.  Beginning  of  the  schism;  manifesto  of  the  revolting  cardi- 

nals, 1378        . 325 

168.  The  University  of  Paris  and  the  schism,  1393       .     .      1'    .  326 

169.  Council  of  Pisa  declares  itself  competent  to  try  popes,  1409  327 

170.  Oath  of  the  cardinals,  council  of  Pisa,  1409 328 

171.  Council  of  Constance  claims  supreme  authority,  1415     .      .  328 

172.  Reforms  demanded  by  the  council  of  Constance,  1417     .      .  329 

173.  Concerning  general  councils,  council  of  Constance,  1417.      .  331 

174.  Bull."Execrabilis"  of  Pius  II,  1459 332 

175.  William  III  of  Saxony  forbids  appeals  to  foreign  courts,  1446  333 

176.  Establishment  of  the  university  of  Avignon,  1303     .      .      .  334 

177.  Popular  dissatisfaction  with  the  wealth  of  the  church,  ca. 

1480     .     .     .     .  :-;-.'>  1  >j  - 336 

178.  Complaints  of  the  Germans  against  the  pope,  1510      .      .      .  336 

179.  Abuses  in  the  sale  of  indulgences,  1512 338 

SECTION  VI.     FEUDALISM        341-387 

180.  Form  for  the  creation  of  an  "antrustio"  by  the  king     .      .  342 

181.  Form  for  suspending  lawsuits     .    •. 343 

182.  Form  for  commendation 343 

183.  Form  for  undertaking  lawsuits         ^ 344 

184.  Form  for  gift  of  land  to  a  church 345 

185.  Form  for  precarial  letter 346 

186.  I'orm  for  precarial  letter 347 

187.  Form  for  precarial  letter       .     .    Y    '.     i-    .     .     ".      .      .  347 

188.  Form  for  gift  of  land  to  be  received  back  and  held  in  per- 

petuity for  a  fixed  rent    348 

189.  Treaty  of  Andelot,  587 -  348 


CONTENTS  xv 

PAGE 

190.  Precept  of  Chlothar  II,  584-628 350 

191.  Grant  of  immunity  to  a  monastery,  673     .      .    - .      .      .      .  351 

192.  Form  for  grant  of  immunity  to  a  monastery         ....  352 

193.  Form  for  grant  of  immunity  to  a  secular  person         .      .      .  352 

194.  Grant  of  immunity  to  a  secular  person,  815 353 

195.  Edict  of  Chlothar  II,  614       .      ....      .      .      .      .      .  '355 

196.  Capitulary  of  Kiersy,  877      .      .     ".      .     '.     ',  •   '.      .      .      .  355 

197.  Capitulary  of  Lestinnes,  743      .      .      .      .      .      .      .      .      .  357 

198.  Capitulary  of  Aquitaine,  768       .      .      .      .      .      .      .      .      .  357 

199.  Capitulary  of  Heristal,  779 358 

200.  General  capitulary  to  the  missi,  802      .      .      .      .      .      .      .  358 

201 .  Capitulary  to  the  missi,  806 358 

202.  Capitulary  of  807 359 

203.  General  capitulary  to  the  missi,  805 359 

204.  Capitulary  of  811 359 

205.  Capitulary  of  Worms-,  829     ..........  360 

206.  Capitulary  of  Aachen,  801-813  .     .     - .  360 

207.  Agreement  of  Lothar,  Ludwig,  and  Charles,  847  .      .      .      .  360 

208.  Capitulary  of  Bologna,  811 361 

209.  Homage' ~T— .      ....      .  363^ 

210.  Homage .364 

211.  Homage      .     .      .      .      .      .      ...      .      .      .      .      .      .  364 

212.  Homage      ....      . 364 

213.  Homage .........  364 

214.  Homage  of  Edward  III  to  Philip  VI,  1329 365 

215.  Feudal  aids .367 

216.  Feudal  aids .      .'    .  367 

217.  Feudal  aids,  etc.          367 

218.  Homage  of  the  count  of  Champagne  to  the  duke  of  Bur- 

gundy, 1143    .      .      . 3C 

219.  Homage  of  the  count  of  Champagne  to  Philip  II,  1198     .      .  369 

220.  Homage  of  the  count  of  Champagne  to  the  duke  of  Bur- 

gundy, 1200 371 

221.  Letter  of  Blanche  of  Champagne  to  Philip  II,  1201          .      .371 

222.  Letter  of  Philip  II  to  Blanche .      .  372 

223.  Homage  of  the  count  of  Champagne  to  the  bishop  of  Lan- 

gres,  1214 ,  372 

224.  Homage   of    the    count    of    Champagne   to  the  bishop  of 

Chalons,  1214        .      .      .'..*.      .      .     ,      .      .      .  373j 


XVI 


CONTENTS 


225.  Homage  of  the  count  of  Champagne  to  the  abbot  of  St. 

Denis,  1226 373 

226.  List  of  the  fiefs  of  the  count  of  Champagne,  ca.  1172    .     .  374 

227.  Sum  of  the  knights  of  the  count  of  Champagne       .      .      .  37£ 

228.  Extent  of  the  domain  lands  of  the  count  of  Champagne,  ca. 

1215 377 

229.  Feudal  law  of  Conrad  II,  1037         

230.  Feudal  law  of  Frederick  I  for  Italy,  1158 

SECTION  VII.    COURTS,  JUDICIAL  PROCESSES,  AND  THE  PEACE 

388-431 

231.  Sachsenspiegel 391 

232.  Frederick  II  appoints  a  justiciar  and  a  court  secretary,  1235  398 

233.  Peace  of  Eger,  1389 399 

234.  Ordeal  by  hot  water         . 401 

235.  Ordeal  by  hot  iron 404 

236.  Ordeal  by  cold  water 406 

237.  Ordeal  by  cold  water 408 

238.  Ordeal  by  the  barley  bread         409 

239.  Ordeal  by  bread  and  cheese .410 

240.  Peace  of  God,  989 412 

241.  Peace  of  God,  990 412 

242.  Truce  of  God,  1035-41 414 

243.  Truce  of  God,  ca.  1041 416 

244.  Truce  of  God,  1063 417 

245.  Peace  of  the  land,  Henry  IV,  1103 419 

246.  Peace  of  the  land  for  Elsass,  1085-1103 419 

247.  Decree  of  Frederick  I  concerning  the  peace,  1156       .      .      .  422 

248.  Peace  of  the  land  for  Italy,  Frederick  I,  1158       ....  425 

249.  Perpetual  peace  of  the  land,  Maximilian  I,  1495  ....  427 

250.  Establishment  of  a  supreme  court,  1495          430 

SECTION  VIII.     MONASTICISM 432-509 

251.  The  rule  of  St.  Benedict,  ca.  530 432 

252.  Oath  of  the  Benedictines 485 

253.  Monk's  vow      . 485 

254.  Monk's  vow      .     . 485 

255.  Monk's  vow     .     ,     " 486 


CONTENTS  xvii 


256.  Monk's  vow .      .  486 

257.  Written  profession  of  a  monk 486 

258.  Ceremony  of  receiving  a  monk  into  the  monastery     .      .      .  488 
259-  Offering  of  a  child  to  the  monastery 489 

260.  Offering  of  a  child  to  the  monastery 489 

261.  Commendatory  letter 489 

262.  (Commendatory  letter 490 

263.  General  letter 490 

264.  Letter  of  dismissal 490 

265.  Rule  of  St.  Chrodegang,  ca.  744 491 

265  a.  Origin  of  the  Templars,  1119        492 

266.  Anastasius  IV  grants  privileges  to  the  Knights  of  St.  John, 

1154 .494 

267.  Innocent  III  to  the  bishops  of  France;   simony  in  the  mon- 

asteries, 1211 496 

268.  Innocent  III  grants  the  use  of  the  mitre  to  the  abbot  of  Mar- 

seilles, 1204 497 

269.  Rule  of  St.  Francis,  1223 498 

270.  Testament  of  St.  Francis,  1220 504 

271.  Innocent  IV  grants  friars  permission  to  ride  on  horseback, 

1250 508 

272.  Alexander  IV  condemns  attacks  on  the  friars,  1256         .      .  508 

273.  John  XXII 'condemns  the  theses  of  John  of  Poilly,  1320     .  509 

SECTION  IX.     THE  CRUSADES 510-544 

274.  Origen,  Exhortation  to  martyrdom,  235 510 

275.  Origen,  Commentary  on  Numbers         511 

276.  Leo  IV  (847-855);  indulgences  for  fighting  the  heathen  .      .511 

277.  John  II;  indulgences  for  fighting  the  heathen,  878     .      .      .  512 

278.  Gregory  VII  calls  for  a  crusade,  1074         512 

279.  Speech  of  Urban  II  at  the  council  of  Clermont,  1095.     Ful- 

cher  of  Chartres         513 

280.  Speech  of  Urban  II.    Robert  the  Monk 518 

281.  Truce  of  God  and  indulgences  proclaimed  at  the  council  of 

Clermont         521 

282.  Ekkehard  of  Aura,  Hierosolimita ;  the  first  crusade         .      .  522 

283.  Anonymi  Gesta  Francorum,  1097-99 523 

284.  Eugene  III  announces  a  crusade,  1145 526 

285.  Otto  of  St.  Blasien;  the  third  crusade,  1189-90    ....  529 


xviii  CONTENTS 

PAGE 

286.  Innocent  III  forbids  the  Venetians  to  traffic  with  the  Mo- 

hammedans, 1198 535 

287.  Innocent  III  takes  the  king  of  the  Danes  under  his  protec- 

tion, 1210 5C7 

288.  Innocent  III  announces  a  crusade,  1215 5S7 

SECTION  X.     SOCIAL  CLASSES  AND  CITIES  IN  GERMANY      .  545-612 

289.  Otto  III  forbids  the  unfree  classes  to  attempt  to  free  them- 

selves, ca.  1000            . 545 

290.  Henry  I  frees  a  serf,  926 546 

291.  Henry  III  frees  a  female  serf,  1050 547 

292.  Recovery  of  fugitive  serfs,  1224 548 

293.  Rank  of  children  born  of  mixed  marriages,  1282        .      .      .  549 

294.  Frederick  II  confers  nobility,  ca.  1240 549 

295.  Charles  IV  confers  nobility  on  a  "doctor  of  both  laws," 

1360 550 

296.  Law  of  the  family  of  the  bishop  of  Worms,  1023     ....  551 

297.  Charter  of   the  ministerials  of  the  archbishop  of  Cologne, 

1154            563 

298.  The  bishop  of  Hamburg  grants  a  charter  to  colonists,  1106    .  572 

299.  Privilege  of  Frederick  I  for  the  Jews,  1157 573 

300.  The  bishop  of  Speyer  grants  a  charter  to  the  Jews,  1 084       .  577 

301.  Lothar  II  grants  a  market  to  the  monastery  of  Prum,  861  579 

302.  Otto  I  grants  a  market  to  the  archbishop  of  Hamburg,  965  580 

303.  Otto  III  grants  a  market  to  count  Berthold,  999       .      .      .581 

304.  Merchants  cannot  be  compelled  to  come  to  a  market,  1236  581 

305.  Market  courts  to  be  independent  of  local  courts,  1218     .      .  582 

306.  Otto  I  grants  jurisdiction  over  a  town  to  the  abbots  of  New 

Corvey,  940           582 

307.  The  ban-mile,  1237 583 

308.  Citizens  of  Cologne  expel  their  archbishop,  1074    ....  584 

309.  People  of  Cologne  rebel  against  their  archbishop,  1074     .      .  585 

310.  Confirmation   of  the   "immediateness"   of  the   citizens  of 

Speyer,  1267         586 

311.  Summons  to  an  imperial  city  to  attend  a  diet,  1338      .      .  587 

312.  Grant  of  municipal  freedom  to  a  town,  1201 587 

313.  Extension  of  the  corporate  limits  of  the  city  of  Brunswick, 

1269 588 

314.  Decision  of  the  diet  about  city  councils  in  cathedral  towns, 

1218  589 


CONTENTS                   •  xix 

PAGE 

315.  Frederick  II  forbids  municipal  freedom,  1231-32      ...  590 

316.  Breslau  adopts  the  charter  of  Magdeburg,  1261      ....  592 

317.  The  Schoe/Jt-n  of  Magdeburg  give  decisions  for  Culm,  1338     .  602 

318.  Establishment  of  the  Rhine  league,  1254 604 

319.  Peace  established  by  the  Rhine  league,  1254         ....  606 

320.  Agreement  between  Hamburg  and  Liibeck,  ca.  1230        .      .  609 

321.  Agreement  between  Hamburg  and  Liibeck,  1241        .      .      .  610 

322.  Liibeck,  Rostock,  and  Wismar  proscribe  pirates,  1259     .      .  610 

323.  Decrees  of  the  Hanseatic  league,  1260-64 611 

324.  Decrees  of  the  Hanseatic  league,  1265 612 

325.  Henry  II  grants  Cologne  merchants  privileges  in  London, 

1157 612 

BIBLIOGRAPHY 613 

GLOSSARY 615 


A  SOURCE  BOOK  FOR  MEDLEVAL 
HISTORY 

I.  THE  GERMANS  AND  THE  EMPIRE  TO  1  O73 

THE  documents  in  this  section  are  intended  to  illustrate  the  his- 
tory of  the  Germans  from  the  period  before  the  migrations  to  the 
beginning  of  the  struggle  between  the  empire  and  the  papacy,  1073. 
The  historical  development  of  this  period  resulted  in  the  formation 
of  the  Holy  Roman  Empire,  as  the  form  of  government  for  western 
Europe.  The  civilization  of  the  Middle  Age  was  in  the  main  the 
result  of  the  union  of  Roman  and  German  elements.  This  union 
was  brought  about  by  the  invasion  of  the  Roman  empire  by  the 
tribes  of  German  blood  that  lay  along  and  back  of  the  frontier 
of  the  empire.  It  is  important,  therefore,  to  understand  the 
character  of  the  German  race  and  institutions,  which  are  illustrated 
by  nos.  1  to  4.  The  leaders  and  organizers  of  the  Germans  after 
the  settlement  were  the  Franks,  who  under  the  Merovingian  and 
Carolingian  lines  of  rulers  united  the  German  tribes  and  bound  them 
together  in  one  great  state.  This  movement  is  shown  in  nos.  5  to 
14.  In  this  development  the  life  of  Karl  the  Great  (nos.  7  to  14) 
is  of  especial  importance,  because  of  the  permanent  result  of  much 
of  his  work,  particularly  his  organization  of  the  government  (nos. 
7  to  9 ) ,  and  his  founding  of  the  empire  by  the  union  of  Italy  and 
Germany  (nos.  8,  13,  and  14).  The  dissolution  of  his  vast  empire, 
resulting  in  the  formation  of  France  as  a  separate  state,  and  in  the 
appearance  of  the  feudal  states,  is  shown  in  nos.  15  to  22.  In  the 
rest  of  the  documents  the  history  of  Germany  and  Italy,  the  real 
members  of  the  empire,  is  followed.  Of  this  the  important  features 
are:  the  continued  connection  of  Germany  with  Italy  (nos.  23  and 
29),  resulting  in  the  restoration  of  the  empire  by  Otto  I;  the  feudal 
organization  of  Germany  (nos.  24,  25,  and  27);  and  the  increase 
of  the  German  territory  toward  the  east  (nos.  26,  28,  32).  This 

1 


2      SOURCE   BOOK  FOR  MEDLEVAL  HISTORY 

brings  the  history  down  to  the  accession  of  Henry  IV,  with  whom 
begins  the  long  conflict  between  the  empire  and  papacy  which  ia 
treated  in  section  III. 

i.     SELECTIONS  FROM  THE  GERMANIA  OF  TACITUS,   ca. 

100   A.D. 

The  Germania  of  the  Roman  historian  Tacitus  (54-119  A.D.)  ia  a 
treatise  on  the  manners,  customs,  and  institutions  of  the  Germans 
of  his  time.  It  is  one  of  the  most  valuable  sources  of  knowledge 
of  the  condition  of  the  Germans  before  the  migrations.  These 
sources  are  mainly  of  two  kinds:  the  accounts  of  contemporary 
writers,  chiefly  Roman  authors;  and  the  documentary  sources  of  the 
period  of  the  tribal  kingdoms,  particularly  the  tribal  laws,  such  as 
the  laws  of  the  Salic  Franks  ( see  no.  4 ) ,  Burgundians,  Anglo- 
Saxons,  etc.  It  will  be  evident  to  the  student  that  the  sources  of  both 
kinds  fall  short  of  realizing  the  needs  of  historical  trustworthiness: 
the  first  kind,  because  the  Roman  authors  were  describing  institu- 
tions and  customs  which  they  knew  only  superficially  or  from  a 
prejudiced  point  of  view;  the  second,  because  the  laws  and  docu- 
ments of  the  tribal  period  reflect  a  stage  of  development  which  had 
changed  considerably  from  the  primitive  stage.  Conclusions  in  re- 
gard to  the  conditions  of  the  Germans  in  the  early  period  are  based 
on  the  careful  criticism  of  each  single  document  and  on  a  com- 
parison of  each  with  all  the  others.  Some  indication  of  this  method 
is  suggested  in  the  notes  to  nos.  1  and  4.  Even  at  best  the  results 
are  subject  to  uncertainty.  The  Germania  of  Tacitus  is  the  clearest 
and  most  complete  of  the  sources  of  the  first  type,  but  it  is  not  free 
from  obscurity.  Since  there  are  numerous  editions  of  it,  we  have 
not  thought  it  necessary  to  refer  to  any  particular  one. 

5.  The  land  [inhabited  by  the  Germans]  varies  somewhat 
in  character  from  one  part  to  another,  but  in  general  it  is 
covered  with  forests  and  swamps,  and  is  more  rainy  on  the 
side  toward  Gaul  and  bleaker  toward  Noricum  and  Pan- 
nonia.    It  is  moderately  fertile,  but  not  suited  to  the  grow- 
ing of  fruit  trees;  it  supports  great  numbers  of  cattle,  of 
small  size,  however. 

6.  Iron  is  not  abundant,  as  appears  from  the  character 
of   the   weapons   of   the   inhabitants;    for   they   rarely   use 
swords  or  the  larger  spears ;  instead  they  carry  darts  with 


No.  l]  THE  EMPIRE  TO   1073  3 

small,  narrow  heads,  which  they  call  framece.  But  these  are 
so  sharp  and  so  easily  handled  that  they  are  used  in  fight- 
ing equally  well  at  a  distance  and  at  close  quarters.  .  .  . 
The  number  of  warriors  is  definitely  fixed,  one  hundred 
coming  from  each  district,  and  the  warriors  are  known 
by  that  name  [i.e.,  hundred]  ;  so  that  what  was  originally 
a  number  has  come  to  be  a  name  and  a  title.1 

7.  Kings   are   chosen   for  their   noble   birth ; 2   military 
leaders  for  their  valor.     But  the  authority  of  the  king  is 
not  absolute,  and  the  war-leaders  command  rather  by  ex- 
ample than  by  orders,  winning  the  respect  and  the  obedience 
of  their  troops  by  being  always  in  the  front  of  the  battle. 
.     .     .     These  troops  are  not  made  up  of  bodies  of  men 
chosen  indiscriminately,  but  are  arranged  by  families  and 
kindreds,  which  is  an  added  incentive  for  bravery  in  battle. 
So,  also,  the  cries  of  the  women  and  the  wailing  of  chil- 
dren, who  are  taken  along  to  battle,  encourage  the  men  to 
resistance. 

8.  It  is  said  that  on  more  than  one  occasion  broken  and 
fleeing  ranks   have  been  turned  back  to  the  fight  by  the 
prayers  of  the  women,  who  fear  captivity  above  everything 
else.     .    .    .    They  believe  that  women  are  specially  gifted 
by  the  gods,  and  do  not  disdain  to  take  council  with  them 
and  heed  their  advice. 

11.  [In  the  assemblies  of  the  tribe,]  minor  affairs  are 
discussed  by  the  chiefs,  but  the  whole  tribe  decides  questions 
of  general  importance.  These  things,  however,  are  gener- 
ally first  discussed  by  the  chiefs  before  being  referred  to  the 
tribe.  They  meet,  except  in  the  case  of  a  sudden  emergency, 
at  certain  fixed  times,  at  the  new  or  the  full  moon,  for  they 
regard  these  as  auspicious  days  for  undertakings.  They 
reckon  the  time  by  nights,  instead  of  by  days,  as  we  do. 
.  .  .  One  evil  result  arising  from  their  liberty  is  the  fact 
that  they  never  all  come  together  at  the  time  set,  but  con- 
sume two  or  three  days  in  assembling.  When  the  assembly 


4      SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

is  ready,  they  sit  down,  all  under  arms.  Silence  is  pro- 
claimed by  the  priest,  who  has  here  the  authority  to  enforce 
it.  The  king  or  the  leader  speaks  first,  and  then  others  in 
order,  as  age,  or  rank,  or  reputation  in  war,  or  eloquence 
may  give  them  the  right.  The  speakers  depend  rather  upon 
persuasion  than  upon  commands.  If  the  speech  is  displeas- 
ing to  the  multitude,  they  reject  it  with  murmurs;  if  it  is 
pleasing,  they  applaud  by  clashing  their  weapons  together, 
which  is  the  kind  of  applause  most  highly  esteemed.3 

12.  Criminals  are  also  tried  at  these  assemblies,  and  the 
sentence  of  death  may  be  decreed.    They  have  different  kinds 
of  punishments  for  different  crimes;  traitors  and  deserters 
are  hanged  on  trees,  cowards  and  base  criminals  are  sunk  in 
the  swamps  or  bogs,  under  wicker  hurdles.     .      .      .     There 
are  penalties  also  for  the  lighter  crimes,  for  which  the  of- 
fenders are  fined  in  horses  or  cattle.    Part;  of  the  fine  goes  to 
the  king  or  the  state,  and  part  to  the  person  injured  or  to  his 
relatives.     In  this  assembly  they  also  choose  leaders  to  ad- 
minister the  law  in  the  districts  and  villages  of  the  tribe, 
each  of  them  being  assigned  a  hundred  companions  from 
the  tribe  to  act  as  counsellors  and  supporters.4 

13.  They  go  armed  all  the  time,  but  no  one  is  permitted 
to  wear  arms  until  he  has  satisfied  the  tribe  of  his  fitness 
•to  do  so.    Then,  at  the  general  assembly,  the  youth  is  given 
a  shield  and  a  sword  by  his  chief  or  his  father  or  one  of 
his  relatives.    This  is  the  token  of  manhood,  as  the  receiving 
of  the  toga  is  with  us.     Youths  are  sometimes  given  the 
position  of  chiefs  because  of  their  noble  rank  or  the  merits 
of  their  ancestors;  they  are  attached  to  more  mature  and 
experienced  chiefs,  and  think  it  no  shame  to  be  ranked  as 
companions.     The  companions  have  different  ranks  in  the 
company,  according  to  the  opinion  of  the  chief;  there  is  a 
great  rivalry  among  the  companions  for  first  place  with  the 
chief,  as  there  is  among  the  chiefs  for  the  possession  of  the 
largest  and  bravest  band  of  followers.     It  is  a  source  of 


No.  1]  THE  EMPIRE  TO   1073  5 

X 

dignity  and  of  power  to  be  surrounded  by  a  large  body  of 
young  warriors,  who  sustain  the  rank  of  the  chief  in  peace 
and  defend  him  in  war.  The  fame  of  such  a  chief  and  his 
band  is  not  confined  to  their  own  tribe,  but  is  known  among 
foreign  peoples;  they  are  sought  out  and  honored  with  gifts 
in  order  to  secure  their  alliance,  for  the  reputation  of  such  a 
band  may  decide  a  whole  war. 

14.  In  battle  it  is  shameful  for  the  chief  to  allow  any 
one  of  his  followers  to  excel  him  in  courage,  and  for  the 
followers  not  to  equal  their  chief  in  deeds  of  valor.  But 
the  greatest  shame  of  all,  and  one  that  renders  a  man  for- 
ever infamous,  is  to  return  alive  from  the  fight  in  which  his 
chief  has  fallen.  It  is  a  sacred  obligation  of  the  followers 
to  defend  and  protect  their  chief  and  add  to  his  fame  by 
their  bravery,  for  the  chief  fights  for  victory  and  the  com- 
panions for  the  chief.  If  their  own  tribe  is  at  peace,  young 
noble  chiefs  take  part  in  the  wars  of  other  tribes,  because 
they  despise  the  peaceful  life.  Moreover,  glory  is  to  be 
gained  only  among  perils,  and  a  chief  can  maintain  a  band 
only  by  war,  for  the  companions  expect  to  receive  their  war- 
horse  and  arms  from  the  leader,  .  .  .  and  the  means 
of  liberality  are  best  obtained  from  the  booty  of  war.5 

16.  The  Germans  do  not  dwell  in  cities,  and  do  not  build 
their  houses  close  together.  They  dwell  apart  and  separate, 
where  a  spring  or  patch  of  level  ground  or  a  grove  may 
attract  them.  Their  villages  are  not  built  compactly,  as  ours 
are,  but  each  house  is  surrounded  by  a  clear  space. 

21.  It  is  a  matter  of  duty  with  them  to  take  up  the 
enmities  of  their  parents  or  kinsmen,  as  well  as  the  friend- 
ships, but  these  feuds  are  not  irreconcilable;  the  slaying  of 
a  man  may  be  atoned  for  by  the  payment  of  a  fixed  number 
of  cattle,  and  the  kindred  of  the  slain  man  all  share  in  the 
price  of  atonement.  This  practice  of  compounding  man- 
slaughter is  of  advantage  to  the  public  weal,  for  such  feuds 
may  become  very  dangerous  among  a  free  people.6 


6      SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

26.  The  arable  lands,  according  to  the  number  of  cul- 
tivators, are  occupied  in  turn  by  all  the  members  of  the 
community,  and  are  divided  among  them  according  to  the 
quality  [of  the  lands].7  The  extent  of  the  land  gives  ample 
opportunity  for  division;  the  arable  fields  are  changed  every 
year,  and  there  is  plenty  of  land  left  over.8 

The  following  section  is  condensed  from  chapters  27  to  46. 

27-4G.9  Such  is  the  account  I  have  received  of  the  origin 
and  the  customs  of  the  Germans  as  a  whole;  we  must  now 
undertake  a  discussion  of  the  separate  tribes.  The  divine 
Julius  [Cassar]  says  in  his  book  that  the  Gauls  had  once 
been  a  more  powerful  and  prosperous  people  than  the  Ger- 
mans. So  it  is  not  impossible  that  they  may  have  at  some 
time  even  invaded  Germany.  For  the  Helvetians  once  dwelt 
in  Germany  between  the  Hercynian  forest  and  the  Ehine 
and  Main  rivers,  while  the  Boii  inhabited  lands  still  farther 
within  Germany,  as  is  shown  by  the  name  Boihaem  [Bo- 
hemia] which  still  clings  to  their  former  place,  now  inhab- 
ited by  another  people.  The  Treveri  and  the  ISTervii  lay 
claim  to  German  origin,  as  if  to  repudiate  connection  with 
the  indolent  Gauls.  The  inhabitants  of  the  Rhine  bank, 
the  Vangiones,  Treboci,  and  Nemetes,  are  undoubtedly  of 
German  blood ;  and  the  Ubii  also,  although  they  have  become 
a  Roman  colony  and  have  taken  the  name  of  Agrippenses 
from  their  founder.  Of  all  the  tribes  along  the  lower  Rhine 
the  chief  are  the  Batavi,  who  dwell  mainly  on  an  island  in 
the  mouth  of  the  Rhine.  They  were  a  portion  of  the  Chatti, 
but  left  their  homes  as  the  result  of  a  domestic  quarrel  and 
entered  the  Roman  empire.  They  still  retain,  however,  their 
old  honor  and  dignity  as  allies,  not  being  subject  to  taxation 
or  to  any  public  duties  except  that  of  war.  Beyond  the  Agri 
Decumates  are  the  Chatti,  whose  territory  borders  on  the 
Hercynian  forest.  Next  to  the  Chatti,  descending  the  Rhine, 
are  the  Usipii  and  Tencteri;  their  neighbors,  it  is  said,  were 


No.l]  THE  EMPIRE  TO   1073  7 

formerly  the  Bructeri,  who  have  heen  driven  out  and  their 
place  taken  by  the  Angrivarii  and  Chamavi.  Back  of  the 
Angrivarii  and  the  Chamavi  [to  the  south]  are  the  Dul- 
gubnii  and  Chasuarii;  in  front  [to  the  north]  are  the  Frisii, 
who  are  divided  into  two  parts,  the  greater  and  lesser  Frisii. 
They  dwell  along  the  shores  of  the  ocean  north  of  the  Ehine. 
Next  are  the  Chauci,  and  on  the  boundaries  of  the  Chauci 
and  the  Chatti  [to  the  east],  the  Cherusci.  The  Cimbri 
dwell  in  the  same  region,  on  the  shores  of  the  ocean. 

We  come  next  to  the  Suebi.  They  are  not  a  single  tribe, 
as  the  Chauci  or  Tencteri,  for  example;  they  include  a 
great  many  tribes,  each  one  with  its  own  name,  but  all  called 
in  common  Suebi.  The  Semnones  claim  to  be  the  most 
ancient  and  the  noblest  of  the  Suebi.  They  inhabit  a  hun- 
dred districts  and  consider  themselves,  because  of  their  num- 
ber, the  most  important  tribe  of  the  Suebi.  On  the  other 
hand,  the  Lombards  are  known  for  the  small  number  of 
their  members,  but  they  are  secure  from  conquest  by  their 
more  powerful  neighbors  by  reason  of  their  courage  and 
their  experience  in  war.  Then  come  the  Eeudigni,  Aviones, 
Angli,  Warini,  Eudoses,  Suardones,  and  Nuitones.  Then, 
following  along  the  Danube,  the  Hermunduri;  then  the 
Naristi,  Marcomanni,  and  Quadi.  The  Marcomanni  drove 
the  Boii  out  of  their  land,  which  they  now  inhabit.  Back 
of  these  tribes  lie  the  Marsigni,  Cotini,  Osi,  and  Buri.  The 
Marsigni  and  the  Buri  have  the  same  language  and  worship 
as  the  Suebi;  but  the  fact  that  the  Cotini  speak  a  Gallic 
language  -and  the  Osi  a  Pannonian  would  indicate  that  they 
are  not  German  tribes.  A  continuous  mountain  range 
divides  Suebia  in  this  region;  beyond  it  lie  many  races,  of 
whom  the  greatest  is  that  of  the  Lugii,  a  name  applied  to 
several  tribes,  the  Harii,  Helveconse,  Manimi,  Elisii,  Naha- 
narvali.  Beyond  the  Lugii  are  the  Gutones.  The  tribes  of 
the  Suiones  inhabit  a  land  situated  in  the  midst  of  the  ocean 
[Scandinavia],  and  are  famous  for  their  fleets.  Beyond  the 


8      SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Suiones  is  that  dreary  ocean  which  is  believed  to  encircle 
the  whole  world.  On  the  right  [east]  shore  of  the  Suebian 
Sea  [the  Baltic]  dwell  the  Aestii,  a  people  that  have  the  same 
customs  and  manners  as  the  Suebi,  but  speak  a  language 
more  like  that  of  the  inhabitants  of  Britain.  The  land  of 
the  Suiones  is  continued  by  that  of  the  Sithones.  This  is 
the  end  of  Suebia.  I  am  uncertain  whether  to  assign  the 
Peucini,  Veneti,  and  Fenni  to  the  German  or  Sarmatian 
race,  although  the  Peucini,  called  by  some  Bastarnae,  have 
the  same  language,  worship,  and  sort  of  houses  as  the 
Germans. 

1  In  the   tribal   laws    and   other  documents  of  the   tribal    period 
a  district  called  the  "hundred"  actually  appears  as  the  division  of 
the  county    ( see  no.   4,   introductory  note ) .     Tacitus   uses  the  term 
here   as  a   division   of   the   tribe,   but  the  original   tribe  in  several 
instances  appears  as  a  county  of  the  larger  tribal  kingdom,  among 
the  Franks  and  Anglo-Saxons,  at  least.     The  origin  of  the  hundred 
as    a   territorial   district    suggested   in   this   passage   by   Tacitus    is 
probably  the  correct  one:   the  whole  tribe  was  divided  for  military 
purposes  into  companies  of  about  one  hundred  men;  then  when  the 
tribe  settled  on  the  land  which  had  been  conquered,  the  lands  were 
distributed  to  the  hundreds,  and  the  districts  thus  formed  came  to 
bear  that  name. 

2  The  existence  of  a  noble  class,  i.e.,  a  number  of  families  having 
higher  social  rank  and  special  consideration  and  privileges,  is  vouched 
for  by  all  the  sources.     The  origin  of  the  class  and  the  extent  of 
the  privileges  which  they  enjoyed  in  this  primitive  time  are  uncer- 
tain.    The  king  was  chosen  usually  from  one  noble  family,  but  not 
by  strict  heredity. 

3  The    general    assembly    was    composed    of    all    the    freemen    of 
the  tribe.     All  public  business,  that  is,  affairs  in  which -the  whole 
tribe  was  concerned,  was   conducted  here,  including  the   making  of 
war  and  peace,  the  election  of  the  king  and  chief  officials,  etc.     It 
would  appear  from  what  Tacitus  says  that  the  assembly  had  juris- 
diction in  the  graver  offenses  and  in  cases  of  appeal  from  the  hun- 
dred-court. 

*  These  leaders  were  probably  the  officials  who  presided  over  the 
hundred-court,  the  assembly  of  the  freemen  of  the  hundred,  which 
was  the  regular  court  of  justice.  We  find  such  an  official  mentioned 


No.  1]  THE  EMPIRE  TO   1073  9 

in  several  of  the  tribal  laws;  in  the  Salic  and  the  Alamannian  law 
he  is  called  the  "centenarius,"  and  in  the  Anglo-Saxon  laws  the 
"  hundredes-ealdor."  The  hundred  companions  of  the  official  men- 
tioned by  Tacitus  were  probably  the  whole  body  of  the  freemen  of 
the  hundred.  They  attended  the  hundred-court  and  had  a  share  in 
rendering  the  decision. 

» The  chief  with  his  band  of  followers  is  found  in  many  primi- 
tive warlike  societies.  The  various  traditions  of  the  German  tribes 
are  full  of  references  to  this  institution.  Famous  warriors  would 
gather  about  them  a  band  of  young  men  eager  for  reputation  and 
experience.  These  bands  would  form  the  elite  of  the  army  when 
the  whole  tribe  went  to  war,  but  would  also  conduct  warlike  enter- 
prises on  their  own  account.  The  viking  raids  of  the  Northmen 
were  instances  of  this  practice.  It  not  infrequently  happened  that 
the  success  of  private  bands  would  lead  the  whole  tribe  to  follow 
and  settle  on  the  land  which  they  had  begun  to  conquer,  as  in  the 
traditional  account  of  the  conquest  of  Britain  by  the  Angles  and 
Saxons. 

6  The    obligation    of    following   up    the    blood-feud   is    a    common 
feature  of  primitive  society.    It   forms  the  basis  of  many   of  the 
popular    tales    and    traditions    of    the    German    people.      The    law 
attempted  to  make  the  kindred  of  the  slain  man  give  up  the  feud 
in  return  for  the  payment  of  a  fixed  sum  by  the  slayer  of  his  kin, 
but  the  attempt  was  not  always  successful.    The  sum  paid  is  known 
as  the  wergeld  and  is  mentioned  in  all  the  tribal  laws    (see  no.  4, 
title  XLI  and  note). 

7  The  form   of  land-holding  among  the   early   Germans  has  been 
the  subject  of  much  study  and  investigation.     Chapters   16  and  26 
of  Tacitus  have  been  discussed  and  commented  on  at  great  length 
by  many  scholars  and  no  absolute  agreement  has  been  reached  in 
regard  to  the  interpretation  of  them.     The  above  translation  is  as 
literal  and  untechnical  as  we  could  make  it,  but  it  is  not  free  from 
objection.     It  would  seem  to  mean  that  the  land  of  the  tribe  was 
held  by  small  groups  or  communities  dwelling  in  little  farming  vil- 
lages and  cultivating  the  land  assigned  them.     The  land  in  the  time 
of  Tacitus  was  probably  owned  in  common  by  the  community  and 
apportioned  equally  among  the  householders  for  the  purpose  of  culti- 
vation, and  then  redistributed  at  regular  periods,  once  a  year  accord- 
ing to  Tacitus. 

8  In    order    to    understand    the    conditions    of    German    life    as 
described  by  Tacitus,  the  student  would  do  well  to  pick  out,  bring 
together,  and  classify  all  that  he  says  in  different  places  about  the 


10    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

important  features  of  their  life:  (1)  the  king,  his  election,  powers, 
etc.;  (2)  the  assemblies,  their  composition,  procedure,  authority; 
(3)  the  officials;  (4)  manners  and  customs. 

8  The  chapters  devoted  to  the  enumeration  and  description  of 
the  separate  tribes  have  been  summarized,  the  purpose  being  to  show 
the  location  and  the  names  of  the  tribes  in  the  time  of  Tacitus;  the 
student  should  compare  these  with  the  situation  as  shown  by  a  map 
of  Europe  at  the  time  of  the  migrations.  Note  that  very  few  of 
these  names  appear  at  the  time  of  the  migrations;  this  is  because 
most  of  the  tribes  had  lost  their  identity  before  that  time,  being 
united  into  larger  groups,  or  absorbed  by  other  peoples,  as  by  the 
Huns,  Romans,  etc.  Of  the  tribes  mentioned  before  the  Suebi,  most 
were  later  united  into  the  confederations  of  the  Franks,  Alamanni, 
and  Saxons;  thus  the  Chatti,  Chamavi,  Chasuarii,  etc.,  are  found 
among  the  Franks;  the  Tencteri,  Usipii  among  the  Alamanni;  the 
Chauci,  Cherusci,  Angrivarii  among  the  Saxons.  The  Frisii  remained 
in  the  same  region  and  were  finally  added  to'  the  Frankish  kingdom 
by  Karl  Martel ;  their  name  still  exists  in  the  Friesland  of  modern 
Holland.  The  Ubii  were  settled  by  M.  Agrippa  on  land  near 
Cologne,  the  Roman  town  Colonia  Agrippina.  The  Agri  Decumates 
or  "tithe  lands"  were  the  territory  contained  within  the  triangle 
formed  by  the  upper  Rhine,  the  upper  Danube,  and  a  line  of  l*irtifi- 
cations,  called  the  Limes.  This  advanced  frontier  was  established 
by  Trajan  (98-117).  The  territory  received  its  name  from  the  fact 
that  the  colonists  who  settled  there  paid  a  tithe  or  tenth  of  the 
produce  to  the  state  as  rent.  Under  the  name  Suebi,  Tacitus  classes 
a  great  many  tribes,  some  of  whom  are  not  even  of  German  race. 
The  real  nature  of  the  Suevic  Confederation  is  a  matter  of  great 
uncertainty.  Some  of  the  tribes  mentioned  by  Tacitus  under  this 
head  appear  later;  the  Semnones  are  conjectured  to  be  the  tribe 
later  known  as  the  Suevi,  who  joined  the  Vandals  in  their  raid  and 
remained  in  northern  Spain  until  conquered  by  the  West  Goths; 
the  Lombards  remained  a  separate  tribe  and  moved  south  into  Pan- 
nonia  and  then  into  Italy;  a  portion  of  the  Angli  joined  the  Saxons 
in  their  invasion  of  England;  the  rest  were  apparently  united  with 
the  Warini  in  the  Thuringian  kingdom,  the  principal  tribe  of  which 
was  the  Hermunduri ;  the  Marcomanni  and  the  Quadi,  perhaps  with 
some  other  tribes,  composed  the  later  Bavarians;  the  Lugii,  or 
Lygians,  are  mentioned  by  later  Roman  writers  as  among  the  Ger- 
mans who  threatened  the  Danube  frontier,  but  the  name  disappeared 
after  that;  the  Gutones  are  the  Goths;  the  Suiones  and  Sithones 
are  Scandinavian  Germans;  the  Peucini  are  the  same  as  the  Bas- 


No."  2]  THE  EMPIRE  TO   1073  11 

tarnae,  who  were  given  lands  on  the  Danube  by  Emperor  Probua 
(276-282)  ;  the  Veneti  are  the  Wends,  a  Slavic  tribe;  the  Fenni, 
the  modern  Finns. 


2.  PROCOPIUS,  VANDAL  WAR.     (GREEK.) 

Procopius,  in  Corpus  Scriptorum  Historiae  Byzantinse. 

This  and  the  following  number  are  taken  from  the  writings  of 
Procopius,  a  Roman  official  and  historian  who  lived  about  500  to 
560  A.D.,  and  had  a  personal  share  in  the  wars  of  Justinian  against 
the  East  Goths  and  Vandals.  The  earlier  parts  of  his  histories  are 
drawn  largely  from  tradition. 

I,  2.  During  the  reign  of  Honorius  [395-423]  in  the  west 
the  barbarians  began  to  overrun  the  empire.  .  .  .  The 
invaders  were  mainly  of  the  Gothic  race,  the  greatest  and 
most  important  tribes  being  the  East  Goths,  the  Vandals,  the 
West  Goths,  and  the  Gepidae.  .  .  .  These  tribes  have 
different  names,  but  in  all  other  respects  they  resemble  one 
another  very  closely;  they  all  have  light  complexions,  yellow 
hair,  large  bodies,  and  handsome  faces;  they  obey  the  same 
laws  and  have  the  same  religion,  the  Arian;  and  they  all 
speak  the  same  language,  Gothic.  I  am  of  the  opinion, 
therefore,  that  they  were  originally  one  people  and  have 
separated  into  tribes  under  different  leaders.  They  formerly 
dwelt  beyond  the  Danube ;  then  the  Gepidas  occupied  the  land 
about  Sirmium  on  both  sides  of  that  river,  where  they  still 
dwell. 

The  first  to  move  were  the  West  Goths.  This  tribe  entered 
into  an  alliance  with  the  Romans,  but  later,  since  such  an 
alliance  could  not  be  permanent,  they  revolted  under  Alaric. 
Starting  from  Thrace,  they  made  a  raid  through  all  of 
Europe,  attacking  both  emperors. 

[Alaric  sacks  Rome.]  Soon  after,  Alaric  died,  and  the 
West  Goths,  under  Athaulf,  passed  on  into  Gaul. 

3.  Under  the  pressure  of  famine,  the  Vandals,  who  for- 
merly dwelt  on  the  shores  of  the  Msotic  Gulf  [Sea  of  Azof], 


12    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY' 

moved  on  toward  the  Rhine,  attacking  the  Franks.  With 
them  went  the  Alani.  .  .  [Crossing  the  Rhine  into 

Gaul]  they  proceeded  down  into  Spain,  the  most  western 
province  of  the  Roman  empire,  and  settled  there  under  their 
king,  Godegisel,  Honorius  having  made  an  agreement  with 
him  by  which  the  Vandals  were  to  be  allowed  to  settle  in 
Spain  on  condition  that  they  should  not  plunder  the  land. 

At  that  time  the  greatest  Roman  generals  were  Boniface 
and  Aetius,  who  were  political  rivals.  .  .  .  Boniface  sent 
secretly  to  Spain  and  made  an  agreement  with  Gunderich 
and  Geiserich,  the  sons  and  successors  of  Godegisel,  whereby 
they  were  to  bring  the  Vandals  into  Africa,  and  the  three 
were  to  divide  the  rule  of  Africa  among  themselves,  mutually 
supporting  one  another  in  case  of  attacks  from  outside. 
Accordingly  the  Vandals  crossed  the  strait  at  Gades  and 
entered  Africa,  while  the  West  Goths  moved  forward  from 
Gaul  into  Spain  after  them.  [Gunderich  dies,  leaving 
Geiserich  sole  ruler  of  the  Vandals;  Geiserich  quarrels  with 
Boniface  and  drives  him  out  of  Africa,  ruling  the  whole 
territory  with  his  Vandals.] 

5.  Geiserich  now  got  together  a  large  fleet  and  attacked 
Italy,  capturing  Rome  and  the  palace  of  the  emperor.  The 
usurper  Maximus  was  slain  by  the  populace  and  his  body 
torn  to  pieces.  Geiserich  took  back  to  Carthage  Eudoxia, 
the  empress,  and  her  two  daughters,  Eudocia  and  Placidia, 
carrying  off  also  an  immense  booty  in  gold  and  silver.  The 
imperial  palace  was  plundered  of  all  its  treasures,  as  was 
also  the  temple  of  Jupiter  Capitolinus,  including  a  large 
part  of  the  roof,  which  was  made  of  bronze,  heavily  plated 
with  gold.  .  .  . 

3.    PROCOPIUS,  GOTHIC  WAR.     (GREEK.) 

Procopius,  in  Corpus  Script.  Hist.  Byz.;  Muratori,  Scriptores,  I,  i,  247  f. 

I,  1.  While  Zeno  [474-491]  was  emperor  in  Byzantium, 
the  west  was  ruled  by  Augustus,  whom  the  Romans  called 


No.  3]  THE  EMPIRE  TO   1073  13 

Augustulus,  because  of  his  youth.  The  actual  government 
was  in  the  hands  of  his  father  Orestes,  a  most  able  man. 
Some  time  before  this,  as  a  result  of  the  reverses  which  they 
had  suffered  at  the  hands  of  Attila  and  Alaric,  the  Romans 
had  taken  the  Sciri,  Alani,  and  other  German  tribes  into  the 
empire  as  allies.  The  renown  of  Roman  arms  had  long  since 
vanished,  and  the  barbarians  were  coming  into  Italy  in  ever- 
increasing  numbers,  where  they  were  actual  masters  under 
the  false  name  of  allies  (federati).  They  continually  seized 
more  and  more  power,  until  finally  they  demanded  a  third 
of  all  the  lands  of  Italy.  When  Orestes  refused  to  grant  this 
they  slew  him.  Then  one  of  the  imperial  officers,  Odovaker, 
also  a  barbarian,  promised  to  secure  this  for  them  if  they 
would  recognize  him  as  ruler.  In  spite  of  the  power  which 
he  thus  acquired,  Odovaker  did  not  attack  the  emperor 
[Romulus  Augustulus],  but  only  forced  him  to  retire  to 
private  life.  He  then  gave  the  barbarians  the  third  of  the 
lands  which  they  had  demanded,  thus  binding  them  more 
closely  to  him,  and  ruled  over  Italy  unopposed  for  ten  years. 
About  this  time  the  East  Goths,  who  had  been  allowed  to 
settle  in  Thrace,  rose  against  the  emperor  under  their  king, 
Theoderich.  He  had  been  brought  up  at  Byzantium,  where 
he  had  been  given  the  rank  of  a  patrician,  and  had  even 
held  the  title  of  consul.  The  emperor  Zeno,  a  master  in 
diplomacy,  persuaded  Theoderich  to  invade  Italy  and  attack 
Odovaker,  with  the  chance  of  winning  the  whole  west  for 
himself  and  the  East  Goths.  .  .  .  Theoderich  seized 
on  this  opportunity  eagerly,  and  the  whole  tribe  set  out  for 
Italy,  taking  along  with  them  in  wagons  their  women  and 
children  and  all  their  movables.  .  .  .  Odovaker  has- 
tened with  an  army  to  oppose  this  invasion,  but  was  defeated 
in  several  battles,  and  finally  shut  up  in  Ravenna. 
After  the  siege  had  lasted  for  about  three  years  both  parties 
were  willing  to  come  to  terms,  the  Goths  being  weary  of  the 
long  siege  and  the  soldiers  of  Odovaker  being  on  the  verge 


14    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  starvation.  So,  through  the  efforts  of  the  bishop  of 
Ravenna,  a  treaty  was  made  according  to  which  Theoderich 
and  Odovaker  were  to  rule  the  city  jointly.  This  treaty  was 
kept  for  a  short  time,  but  finally  Theoderich  treacherously 
seized  Odovaker  at  a  banquet  to  which  he  had  invited  him, 
and  had  him  put  to  death.  He  then  won  over  to  him  all 
his  enemies,  and  from  that  time  on  ruled  over  Goths  and 
Italians  unopposed.  Theoderich  never  assumed  the  name  or 
dignity  of  emperor,  being  content  to  be  known  as  king,  as 
the  barbarians  call  their  rulers.  In  fact,  however,  the  sub- 
jects bore  the  same  relation  to  him  as  to  an  emperor.  He 
dispensed  justice  with  a  strong  hand,  and  rigidly  enforced 
the  law  and  kept  peace.  In  his  time  the  land  was  protected 
from  the  attacks  of  neighboring  barbarians,  and  his  might 
and  his  wisdom  were  famous  far  and  wide.  He  allowed  his 
subjects  neither  to  suffer  nor  to  commit  wrongs;  his  own 
followers  were  given  only  the  lands  which  Odovaker  had 
taken  for  his  supporters.  Thus  Theoderich,  although  he  bore 
the  title  of  a  tyrant,  was  in  fact  a  righteous  emperor.  . 
He  loved  the  Goths  and  the  Italians  equally,  recognizing  no 
difference  between  them,  contrary  as  this  may  seem  to  human 
nature.  .  .  .  After  a  reign  of  thirty-seven  years,  he 
died  lamented  by  all  his  people. 

4.     THE  SALIC  LAW. 

In  the  period  before  the  migrations,  each  of  the  German  tribes  had 
its  primitive  code  of  laws.  This  law  was  not  put  in  writing,  but 
was  held  in  memory;  it  was  not  based  on  abstract  reasons  of  right 
and  justice,  but  grew  up  out  of  practice  and  custom.  The  migra- 
tions and  the  development  of  tribal  kingdoms  on  Roman  soil  brought 
about  important  changes  in  the  public  and  private  life  of  the  Ger- 
mans, partly  the  result  of  changed  conditions,  partly  the  direct  influ- 
ence of  Roman  manners  and  institutions.  One  result  was  that  the 
old  unwritten  customary  laws  were  codified  and  published  in  written 
form.  These  codes,  called  the  Leges  Barbarorum,  or  laws  of  the 
barbarians,  form  an  important  historical  source,  for  of  course  they 
reflect  the  new  conditions  in  which  the  Germans  found  themselves 


No.  4]  THE  EMPIRE  TO   1073  15 

after  their  settlement.  Some  of  them  show  the  influence  of  Roman 
law  and  institutions  in  a  marked  degree;  others  are  more  purely 
Germanic.  They  were  in  most  cases  written  in  Latin,  although  the 
Angles  and  Saxons  in  England  published  their  early  codes  in  Old 
English  or  Anglo-Saxon.  One  of  the  oldest  and  at  the  same  time 
one  of  the  most  purely  German  in  character  is  the  law  of  the  Salic 
Franks,  called  in  Latin,  Lex  Salica;  it  was  probably  written  about 
the  year  500,  in  the  reign  of  Chlodovech  (481-511).  In  the  most 
authentic  form  it  contains  sixty-five  chapters,  or  "titles,"  most  of 
which  are  composed  of  several  sections.  The  title  usually  has  a 
heading,  as:  XVII.  De  vulneribus  (Concerning  wounds). 

The  parts  translated  are  intended  to  illustrate :  ( 1 )  the  character 
of  the  tribal  laws  in  general,  and  (2)  certain  important  institu- 
tions and  customs  of  the  Franks.  Certain  features  of  the  Salic  law 
are  common  to  nearly  all  of  the  German  laws;  these  are  suggested 
here  for  the  convenience  of  the  reader. 

1.  The  code   contains   mainly   private  law.     Most   of  the  law   is 
taken  up  with  a  scale  of  fines  and  compensations  for  injury,  damage, 
and  theft,  as  in  the  case  of  injuries,  titles  XVII  and  XXII.     This 
is  characteristic  of  most  of  the  German  codes ;  they  are  concerned 
with  private  and  not  with  public  or  administrative  law. 

2.  The    law   makes   minute   specification   of   injuries.     Note   that 
the   different   injuries   are   carefully   described   and    particular   fines 
given  for  each,  as  in  titles  XVII  and  XXIX.     This  feature  is  found 
in  most  of  the  codes  and  is  characteristic  of  a  primitive  stage  of 
legal   conception  and   a  barbarous  state  of  society.     The  important 
function  of   primitive  law   is  the  settlement  of   differences  between 
individuals  to  prevent  personal  reprisals,  so  the  various  injuries  that 
are  apt  to  occur  are  specified  and  provided  with  special  fines. 

3.  A  large  part  of  the  procedure  takes  place  out  of  court,  and 
is  conducted   by  the    individuals    concerned.     So  in   title  I,   3,  the 
plaintiff  summons  the  defendant  in  person;  in  title  L,  2,  the  creditor 
tries  to  collect  the  amount  fixed, by  the  court;   in  title  XLVII  the 
whole  process  of  tracing  and  recovering  stolen  property,  except  the 
last  stage,  is  conducted  out  of  court.     This  also  is  a  common  feature 
of  Germanic  law ;   the  objection,  common  among  uncivilized  peoples, 
to   the   state's    interference   with    private    affairs   of   the   individual 
operates   here   to    restrict    the   function   of   the   law   to   the   simple 
decision  of  the  case. 

4.  All  the  German  laws  provide  for  the  payment  of  the  wergeld. 
The  origin  of  this  is  doubtless  to  be  found  in  the  underlying  concep- 
tion of  primitive  law  referred  to  in  paragraph  2.     The  purpose  be- 


16    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

ing  to  put  an  end  to  private  revenge,  which  would  mean  continual 
private  war,  the  law  prescribes  the  amount  to  be  paid  to  the  kindred 
of  the  slain  man,  and  they  must  on  receipt  of  that  give  up  the 
blood- feud.  (See  no.  1,  ch.  21,  and  note.)  In  many  of  the  codes 
different  values  are  assigned  to  different  classes  of  people,  as  here 
in  title  XLI. 

The  public  institutions  of  the  Franks  are  referred  to  in  the  law 
only  incidentally,  the  law  being  concerned,  as  has  been  said,  mainly 
with  private  matters,  and  taking  for  granted  a  knowledge  of  public 
law.  Following  is  a  brief  statement  of  the  form  of  government, 
administration  of  justice,  etc.  The  state  ruled  by  the  king  of  the 
Salic  Franks  was  composed  of  several  small  tribes,  originally  inde- 
pendent (see  no.  1,  notes  1  and  9),  but  now  incorporated  into  a 
single  state.  The  kingdom  was  divided  into  counties,  some  of  which 
correspond  to  the  former  independent  tribes,  and  some  to  old  Roman 
political  divisions.  The  county  was  governed  by  a  representative 
of  the  king,  an  official  who  is  called  in  the  Salic  law  by  the  German 
title  grafio  (modern  German  "Graf"),  and  in  later  documents  by  the 
Latin  title  comes  (count).  The  judicial  system  was  based  on  the 
division  of  the  county  known  as  the  hundred  (see  no.  1,  note  1), 
the  assembly  of  the  freemen  of  the  hundred  being  the  regular  public 
court.  It  was  presided  over  by  the  "hundred-man,"  in  the  Salic 
law  called  either  centenarius,  which  means  simply  hundred-man,  or 
thunginus,  a  word  of  uncertain  meaning.  The  function  of  the  grafio, 
the  representative  of  the  king  in  the  county,  was  mainly  executive; 
he  was  appealed  to  only  when  every  other  means  of  forcing  the 
delinquent  to  obey  the  law  or  the  decision  of  the  court  had  failed, 
but  he  has  no  part  in  the  trial  of  cases.  See  title  L,  3,  for  an 
instance  of  the  function  of  the  grafio. 

I.    LEGAL  SUMMONS.1 

1.  If  anyone  is  summoned  to  the  court  and  does  not 
come,  he  shall  pay  600  denarii,  which  make  15  solidi.2 

3.  When  anyone  summons  another  to  court,  he  shall  go 
with  witnesses  to  the  house  of  that  person,  and  if  he  is  not 
present  the  summoner  shall  serve  notice  on  his  wife  or  his 
family  that  he  is  legally  summoned. 

i  This  title  illustrates  what  is  said  in  the  introduction  about 
the  process  out  of  court.  The  person  who  has  a  cause  for  legal 
action  against  another,  goes  himself  to  the  house  of  his  antagonist 


No.  4]  THE  EMPIRE  TO   1073  17 

and  summons  him  before  witnesses.  The  law  steps  in,  however,  and 
forces  the  one  who  is  summoned  to  come  to  court  under  penalty.  See 
also  title  LVI. 

2  The  monetary  system  of  the  Salic  law  was  taken  from  the 
Romans.  The  basis  was  the  gold  solidus  of  Constantine,  -fa  of  a 
pound  of  gold.  The  small  coin  was  the  silver  denarius,  forty  of 
which  made  a  solidus.  This  system  was  adopted  as  a  monetary  re- 
form by  Chlodovech,  and  the  statement  of  the  sum  in  terms  of  both 
coins  is  probably  due  to  the  newness  of  the  system  at  the  time  of 
the  appearance  of  the  law. 

XVII.    WOUNDS. 

1.  If  anyone  is  convicted  of  trying  to  kill  another,  even 
though  he  fails,  he  shall  pay  2,500  denarii,  which  make  63 
(62f)  solidi. 

2.  If  anyone  is  convicted  of  shooting  a  poisoned  arrow 
at  another,  even  though  he  misses  him,  he  shall  pay  2,500 
denarii,  which  make  63  solidi. 

3.  If  anyone  wounds  another  in  the  head,  so  that  the 
brain  appears  and  the  three  bones  which  lie  above  the  brain 
are  uncovered,  he  shall  pay  1,200  denarii,  which  make  30 
solidi. 

4.  If  anyone  wounds  another  between  the  ribs  or  in  the 
abdomen,  so  that  the  wound  can  be  seen  and  extends  to  the 
vitals,  he  shall  pay  1,200  denarii,  which  make  30   solidi, 
besides  5  solidi  for  the  healing. 

5.  If  anyone  wounds  another  so  that  the  blood  falls  to 
the  ground,  he  shall  pay  600  denarii,  which  make  15  solidi. 

6.  If  a  freeman  strikes  another  freeman  with  a  club,  so 
that  the  blood  does  not  flow,  he  shall  pay  120  denarii,  which 
make  3  solidi,  for  each  blow,  up  to  three. 

7.  If  the  blood  does  flow,  he  shall  pay  as  much  for  each 
blow  as  if  he  had  wounded  him  with  a  sword. 

8.  If  anyone  strikes  another  with  the  closed  fist,  he  shall 
pay  360  denarii,  which  make  9  solidi;  that  is,  3  solidi  for 
each  blow  up  to  three. 


18    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

9.  If  anyone  is  convicted  of  trying  to  rob  another  on  the 
highroad,  even  though  he  fails,  he  shall  pay  2,500  denarii, 
which  make  63  solidi. 

XXIX.     INJURIES. 

1.  If  anyone  destroys  the  hand  or  the  foot  of  another, 
or  cuts  out  his  eye,  or  cuts  off  his  nose,  he  shall  pay  4,000 
denarii,  which  make  100  solidi. 

2.  If  the  injured  hand  hangs  loose  and  useless,  he  shall 
pay  2,500  denarii,  which  make  63  (62^)  solidi. 

3.  If  anyone  cuts  off  the  thumb  or  the  great  toe  of  an- 
other, he  shall  pay  2,000  denarii,  which  make  50  solidi. 

4.  If  the  thumb  or  the  toe  hangs  useless,  he  shall  pay 
1,200  denarii,  which  make  30  solidi. 

5.  If  he  cuts  off  the  second  finger,  by  which  the  bow- 
string is  drawn,  he  shall  pay  1,400  denarii,  which  make  35 
solidi. 

6.  If  he  cuts  off  the  rest  of  the  fingers  (that  is,  the  other 
three)  at  one  blow,  he  shall  pay  50  solidi. 

7.  If  he  cuts  off  two  of  them,  he  shall  pay  35  solidi. 

8.  If  he  cuts  off  one  of  them,  he  shall  pay  30  solidi. 

XLI.      MANSLAUGHTER.1 

1.  If  anyone  is  convicted  of  killing  a  free  Frank  or  a 
barbarian  living  by  the  Salic  law,  he  shall  pay  8,000  denarii, 
which  make  200  solidi. 

2.  If  he  has  put  the  body  in  a  well,  or  under  water,  or 
has  covered  it  with  branches  or  other  things  for  the  purpose 
of  hiding  it,  he  shall  pay  24,000  denarii,  which  make  600 
solidi.2 

3.  If  anyone  kills  a  man  in  the  king's  trust,  or  a  free 
woman,  he  shall  pay  24,000  denarii,  which  make  600  solidi. 

4.  If  he  kills  a  Roman  who  was  a  table-companion  of 
the  king,  he  shall  pay  12,000  denarii,  which  make  300  solidi. 

6.     If  the  slain  man  was  a  Roman  landowner,  and  not 


No.  4]  THE  EMPIRE  TO   1073  19 

a  table -companion  of  the  king,  he  who  slew  him  shall  pay 
4,000  denarii,  which  make  100  solidi. 

7.  If  anyone  kills  a  Roman  tributarius,  he  shall  pay  63 
solidi. 

1  The  fine  for  slaying  a  man   is  the  wergeld  referred   to  in  the 
introduction.     It  was  paid  to  the  kin  of  the  slain  man  by  the  slayer 
or  his  kin.     The  icergeld  has  different  values  for  different  classes; 
note  the  classes  in  the  Salic  law,  particularly  the  position  of  the 
persons  in  the  royal  service,  the  importance  of  which  must  have  been 
of  comparatively  recent  origin,  and  the  position  of  the  Roman  popu- 
lation.   The  freeman  of  the  Prankish  tribe  has  a  wergeld  of  200  solidi, 
the   free  woman  three  times  that,  600  solidi ;   the  Roman  possessor, 
or  free   landowner,    100   solidi ;    the   Roman   tributarius,   who   culti- 
vated the  land  of  another  at  a  fixed  rent,  and  was  regarded  as  less 
than  a  freeman,  62J  solidi.     If  the  freeman  was  in  the  king's  trust, 
that  is,  in  the  service  of  the  king  and  probably  bound  to  him  by  a 
special  oath    (these  men  are  also  called  antrustiones ;  see  nos.   180 
and     189),    his    wergeld    was    three    times    that    of    the    ordinary 
freeman,  600  solidi;  that  of  the  Roman  who  was  a  table-companion 
of  the  king,   a  relation  similar   to  that  of   the  man  in  the  king's 
trust,  was  also  tripled,  300  solidi. 

2  The  fact  of  concealment  is  the  distinguishing  mark  between  mur- 
der and  manslaughter. 

XLV.    THE  MAN  WHO  REMOVES  FROM  ONE  VILLAGE  TO 

ANOTHER.1 

1.  If  anyone  desires  to  enter  a  village,  with  the  consent 
of  one  or  more  of  the  inhabitants  of  that  village,  and  a  single 
one  objects,  he  shall  not  be  allowed  to  settle  there. 

3.  But  if  anyone  settles  in  another  village  and  remains 
there  twelve  months  without  any  one  of  the  inhabitants 
objecting,  he  shall  be  allowed  to  remain  in  peace  like  his 
neighbors. 

i  This  title  throws  some  light  on  the  original  character  of  the 
village  community.  The  village  was  in  origin  probably  a  group  of 
kindred,  and  new-comers  were  admitted  only  by  the  consent  of  all 
the  householders.  Moreover,  as  much  of  the  land  was  still  held  in 
common  by  the  village — the  wood,  pasture,  and  meadow — the  admis- 
sion of  a  new  member  concerned  all  the  householders. 


20    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

XLVII.    THE  TRACING  OF  STOLEN  GOODS. 

If  one  has  recognized  a  slave,  or  a  horse,  or  an  ox,  or  any- 
thing of  his  own  in  the  possession  of  another,  he  is  to  "send 
him  to  the  third  hand."  l  And  he  in  whose  hands  the  thing 
was  recognized  is  to  swear  [to  his  own  innocence]  ;  and  if 
both  parties  [i.e.,  the  rightful  owner  and  the  man  in  whose 
possession  it  was  found]  dwell  on  this  side  of  the  Loire 
and  the  Carbonaria,2  a  term  of  forty  days  shall  be  set 
within  which  all  are  to  be  summoned  who  have  had  any 
part  in  the  affair,  who  have  sold  or  exchanged  or  perhaps 
given  in  payment  the  article.  That  is,  each  one  is  to  sum- 
mon the  man  from  whom  he  got  it.  And  if  anyone  of  these 
has  been  summoned  and  legal  hindrance  has  not  kept  him 
away,  and  he  does  not  come  within  the  appointed  term,  then 
the  one  who  had  dealings  with  this  delinquent  is  to  bring 
three  witnesses  to  the  fact  that  he  had  summoned  him  and 
three  more  to  the  fact  that  he  had  obtained  the  property 
from  him  legally  and  in  good  faith;  if  he  does  this  he  is 
clear  of  suspicion  of  theft.  But  he  who  would  not  come 
and  against  whom  the  witnesses  have  borne  testimony,  shall 
be  held  to  be  the  thief  of  the  man  who  recognized  his  own, 
and  he  [the  thief]  shall  return  the  price  to  the  man  who 
dealt  with  him  and  shall  pay  the  lawful  compensation  to 
the  man  who  recognized  his  own.3  All  these  things  are  to 
be  done  in  that  court  to  which  he  is  answerable  in  whose 
hands  the  stolen  thing  was  first  recognized  and  with  whom 
the  process  started.  But  if  he  in  whose  hands  it  was  recog- 
nized dwells  beyond  the  Loire  or  the  Carbonaria  the  time 
allowed  shall  be  eighty  days. 

i  The  expression  mittat  eum  in  tertia  manu  has  been  inter- 
preted in  various  ways;  it  means  apparently  either  that  the  pos- 
sessor is  to  place  the  article  in  question  in  the  hands  of  a  third 
disinterested  party  who  is  to  hold  it  until  the  case  has  been  tried, 
or  that  he  is  to  refer  the  claimant  to  the  "third  party";  that  is, 
the  man  from  whom  he  obtained  it. 


No.  4]  THE  EMPIRE  TO   1073  21 

2  A  much-discussed  phrase,  which  has  been  used  to  show  that 
the  Salic  law  belongs  to  a  period  after  the  Prankish  control  had 
extended  beyond  the  Loire.  The  word  in  the  text  (ligere)  has  also 
been  taken  to  mean  the  river  Leye,  but  this  is  not  generally 
accepted.  The  Carbonaria  (German,  Kohlenwald)  was  a  large  forest 
in  what  is  now  Belgium. 

s  The  form  of  statement  is  rather  confusing,  but  the  process  is 
fairly  clear.  The  burden  of  proof  lies  on  the  man  in  whose  pos- 
session the  stolen  article  is  found,  and  he  must  clear  himself  by  pro- 
ducing the  man  from  whom  he  got  it.  This  shifts  the  responsibility 
to  the  latter,  who  in  turn  must  produce  the  man  from  whom  he 
obtained  it,  and  so  on  back  until  the  person  is  reached  who  obtained 
the  article  illegally,  and  so  is  not  likely  to  obey  the  summons  to 
appear  in  court.  Then  the  last  man  in  the  chain  before  the  thief 
proves  his  innocence  of  bad  faith  by  showing  that  he  bought  the 
article  publicly  and  so  obtained  it  in  good  faith,  and  that  h«  had 
served  notice  on  the  delinquent  in  the  present  process.  Inasmuch 
as  legal  sales  were  held  publicly  before  witnesses,  it  is  fairly  certain 
in  this  way  that  the  guilt  will  be  located.  The  man  in  whose  pos- 
session it  was  found  then  restores  the  article  to  its  owner,  and  receives 
back  the  price  he  paid  for  it  from  the  man  from  whom  he  got  it; 
and  this  repayment  is  repeated  in  each  case  until  the  thief  is  reached ; 
the  man  who  dealt  with  him  has  a  legal  action  for  recovery  of  the 
price  against  the  thief,  while  the  owner  has  also  an  action  for  the 
recovery  of  damages. 

L.     THE  GIVEN  PLEDGE. 

1.  If  a  free  man  or  a  letus *  has  given  pledge  [that  is, 
made  a  solemn  promise  at  the  court]  to  another,  then  he  to 
whom  the  pledge  was  given  shall  go  to  the  house  of  the 
other  within  forty  nights,2  or  whatever  period  was  set,  with 
witnesses  or  with  such  as  can  estimate  the  price.3     And  if 
the  delinquent  will  not  redeem  the  pledge  given,  he  shall  be 
held  liable  for  15  solidi  above  the  amount  for  which  he  had 
given  pledge. 

2.  If  still  he  will  not  pay,  the  complainant  shall  summon 
him  to  the  malltis,  and  thus  he  shall  proceed  to  have  him 
constrained  by  law:  "I  ask  thee,  tliunginus,  to  constrain  by 
law  this  my  debtor  who  has  given  me  a  pledge  and  is  in  my 


22    SOURCE  BOOK  FOR  MEDLEY AL  HISTORY 

debt."  And  he  shall  state  how  much  the  debt  is.  Then  the 
thunginus  shall  say:  "I  constrain  this  man  by  law,  in  ac- 
cordance with  the  Salic  law."  Then  he  to  whom  the  pledge 
was  given  shall  give  notice  that  the  delinquent  can  neither 
pay  nor  give  pledge  of  payment  to  any  other  until  he  has 
fulfilled  what  he  promised  him  [the  creditor].2  And 
straightway  on  that  day  before  the  sun  sets  he  shall  go  with 
witnesses  to  the  house  of  the  debtor  and  ask  him  to  pay  the 
debt.  If  he  will  not,  let  the  sun  set  upon  him.4  Then 
when  the  sun  has  set,  120  denarii,  which  make  3  solidi,  are 
added  to  the  amount  owed.  And  this  thing  is  to  be  done 
three  times  in  three  weeks,  and  if  on  the  third  summons  he 
will  not  pay  all  this,  then  360  denarii,  which  make  9  solidi, 
are  to  be  added  to  the  debt,  that  is,  3  solidi  for  every  sum- 
mons and  setting  of  the  sun. 

The  next  two  sections  are  now  generally  regarded  as  a  later  addi- 
tion— i.e.,  the  first  two  are  supposed  to  belong  to  an  early  period, 
while  the  last  two  belong  to  the  period  when  the  grafio,  the  royal 
representative,  had  acquired  executive  functions  within  the  county. 
If  this  is  so,  then  sections  3  and  4  have  replaced  certain  older  sec- 
tions which  must  have  completed  the  process  described  in  sections 
1  and  2 ;  there  must  have  been  a  further  stage  in  which  the  delin- 
quent was  finally  forced  to  pay,  perhaps  the  process  described  in  title 
LVI,  by  which  a  delinquent  can  be  outlawed  if  he  is  still  contuma- 
cious. 

3.  If  anyone  refuses  to  redeem  his  promise  within  the 
lawful  term,  then  he  to  whom  he  gave  the  pledge  shall  go 
to  the  grafio  of  the  county  within  which  the  debtor  lives,  and 
shall  lay  hold  on  the  staff  and  say:  "Grafio,  this  man  has 
given  pledge  to  me  and  I  have  given  lawful  notice  of  his 
indebtedness  and  have  sued  him  before  the  mallus  in  accord- 
ance with  the  Salic  law.  I  pledge  myself  and  my  fortune 
that  you  may  safely  and  lawfully  lay  hands  on  his  property." 
And  he  declares  for  what  cause  and  to  what  amount  the 
pledge  had  been  given.  Then  the  grafio  shall  take  with  him 


No.  4]  THE   EMPIRE  TO    1073  23 

seven  suitable  rachinburgii*  and  go  to  the  house  of  him  who 
gave  the  pledge  and  say:  "You,  who  are  here  present,  pay 
this  man  of  your  own  free  will  that  for  which  you  gave  him 
pledge.  Choose  two  men,  whomsoever  you  will,  who  together 
with  these  rachinburgii  shall  assess  from  your  goods  the 
amount  you  ought  to  pay.  And  so  shall  you  make  good 
what  you  owe  according  to  legal  value."  But  if  he,  being 
present,  will  not  heed,  or  if  he  is  absent,  then  the  rachin- 
burgii shall  take  from  his  goods  a  value  equal  to  the  amount 
which  he  owes,  and  of  that  amount  two  parts  shall  go  to 
him  who  brought  suit,  and  the  third  part  the  grafio  shall 
take  for  himself  as  fredus*  if  the  fredus  for  this  case  has 
not  already  been  paid. 

4.  If  the  grafio  has  been  appealed  to  and  legal  hindrance 
or  his  master's  [the  king's]  business  has  not  detained  him, 
and  he  neither  goes  himself  nor  sends  a  representative,  he 
shall  be  punished  with  death  or  he  may  redeem  himself  with 
his  possessions. 

1  The  term    letus  is   used  of   a   class   of   population   whose   posi- 
tion was  between   that  of  the   free   man  and  that  of   the   slave;   a 
similar  class  is  found  among  nearly  all  the  Germanic  tribes.     They 
were  perhaps  descendants  of  conquered  peoples  that  had  been  incor- 
porated into  the  tribe ;  they  did  not  own  land,  but  cultivated  the  land 
of  others  on  terms  of  a  fixed  rental  in  produce  and  services.     Thus 
while  not  free,  their  position  was  above  that  of  the  slaves,  since  they 
might  acquire  possessions  and  profits  above  the  rent  paid,  while  the 
earnings  of  the  slave  belonged  in  theory  entirely  to  the  master. 

2  The  regular  interval  between  the  meetings  of  the  hundred-court 
or  mallus. 

3  The  use  of  appraisers,  referred  to  here  and  elsewhere,  indicates 
that  fines  and  debts   were  paid  regularly  in  kind,  and  that  money 
was  still  an  unfamiliar  convenience. 

4  That  is-,  the  delinquent  is   to  be  given  the  full   legal   day,   and 
when  that  has   passed  with  the  setting  of  the  sun,   the  penalty  is 
incurred.     It  is  interesting  to  notice  the  same   feature   in  the  law 
of  the  XII  Tables,  which  was  apparently  merely  the  primitive  tribal 
law  of  the  early   Romans   reduced   to  written  form.     There,  in  the 
first  table,  the  description  of  a  public  court  process  ends  with  the 


24    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

sentence:  "Sol  occasus  suprema  tempestas  esto" — sunset  is  to  be 
the  latest  hour  [of  the  legal  day]. 

s  Rachinburgii  is  the  name  generally  used  in  the  law  for  the 
board  of  judges,  seven  in  number,  who  are  chosen  at  every  hundred- 
court  to  render  the  judgment  (see  title  LVI).  Here,  however,  the 
term  is  used  for  appraisers  who  apparently  are  not  connected  with 
the  rachinburgii  of  the  hundred- court. 

-  o  The  fredus  is  that  portion  of  the  fine  which  goes  to  the  state, 
apparently  as  compensation  for  executing  the  sentence.  It  furnished 
a  part  at  once  of  the  royal  revenues  and  of  the  salary  of  the  grafio, 
since  half  went  to  him  and  half  to  the  royal  treasury. 

LII.     PROPERTY  THAT  HAS  BEEN  LOANED. 

If  one  has  loaned  anything  of  his  goods  to  another,  and 
that  person  will  not  restore  it  to  him,  he  shall  sue  for  it  in 
this  way:  He  shall  go  with  witnesses  to  the  house  of  him 
to  whom  he  loaned  his  property  and  serve  this  notice  on  him : 
"Since  you  will  not  restore  to  me  my  goods  which  I  have 
loaned  to  you,  you  may  keep  them  until  the  following  night, 
in  accordance  with  the  Salic  law."  1  And  if  still  he  will  not 
restore  them,  let  the  sun  set  on  him.2  If  he  still  will  not 
restore  them,  the  owner  is  to  give  him  a  space  of  seven 
nights,  and  at  the  end  of  these  seven  nights  he  shall  serve 
notice  as  before  that  he  may  keep  them  till  the  following 
night,  in  accordance  with  the  Salic  law.  If  then  he  will  not 
restore  them,  at  the  end  of  another  seven  nights  he  is  to  go 
with  witnesses  again  and  ask  him  to  pay  what  he  owes.  If 
he  will  not  pay,  let  the  sun  set  on  him.  But  when  the  sun 
has  set  on  him  three  times,  for  each  time  120  denarii  (which 
make  3  solidi)  are  to  be  added  to  the  original  amount  of  the 
debt.  And  if  still  he  will  neither  pay  nor  give  pledge  of 
payment,  he  is  to  be  held  liable  to  him  who  loaned  him  the 
goods  for  600  denarii  (which  make  15  solidi)  above  the 
original  debt  and  above  the  9  solidi  which  accrued  through 
the  three  summons. 

i  This  is  to  give  the  man  legal  and   public  notice  and  to  allow 


No.  4]  THE  EMPIRE  TO   1073  25 

him  a  full   day's  time   in   which  to   obey.     The  guilt  is  incurred, 
therefore,  at  sunset  of  the  following  day. 
2  See  title  L,  note  4. 

LIV.    THE  SLAIN  GEAFIO. 

1.  If  anyone  kills  a  grafio  *  he  shall  pay  24,000  denarii, 
which  make  600  solidi. 

2.  If  anyone  kills  a  sacebaro, 2  or  an  obgrafio  who  is  a 
king's  slave,  he  shall  pay  12,000  denarii,  which  make  300 
solidi. 

1  For  the  position  of  the  grafio,  see  introduction.     His  tcergeld 
is  seen  to  be  the  same  as  that  of  the  freeman  in  the  king's  service, 
and  may  indeed  be  regarded  as  a  special  instance  of  the  general  case 
of  a  man  employed  in  the  royal  service. 

2  The  sacebaro  and  the  obgrafio  are  apparently  subordinate  offi- 
cials of  the  grafio.    They  were  probably  not  infrequently  unfree  per- 
sons, as  they  are  here. 

LVI.      HE  WHO  REFUSES  TO  COME  TO  COUET. 

If  anyone  refuses  to  come  to  court  or  to  do  what  the 
rachinburgii  have  commanded,  that  is,  to  give  pledge  for 
payment,  or  for  the  ordeal,  or  for  anything  which  the  law 
requires,  then  the  complainant  is  to  summon  him  to  the 
presence  of  the  king.  And  twelve  witnesses,  being  sworn  in 
turn  by  threes,  shall  say:  [the  first  three]  that  they  were 
present  when  the  rachinburgius  condemned  him  to  undergo 
ordeal  or  to  give  pledge  for  payment,  and  that  he  had  not 
obeyed.  The  second  three  are  to  swear  that  they  were  present 
on  the  day  when  the  rachinburgii  [again]  condemned  him 
to  clear  himself  by  ordeal  or  by  paying  the  fine;  that  is, 
that,  forty  nights  from  the  first  day,  the  sun  set  on  him  in 
the  malllerg  *  again,  and  that  he  would  in  no  way  obey  the 
law.  Then  the  complainant  is  to  summon  him  before  the 
king,  in  fourteen  nights  [after  the  last  mallus],  and  three 
witnesses  are  to  swear  that  they  were  present  when  he  sum- 
moned him  and  the  sun  set  on  him.  If  he  will  not  come, 


26    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

then  these  nine  witnesses,  having  sworn,  are  to  say  what  we 
have  said  above.  Likewise,  if  he  will  not  come  [to  the  king's 
court]  on  that  day,  let  the  sun  set  on  him,  and  there  shall 
be  three  witnesses  who  were  present  when  the  sun  set.2  If 
the  complainant  has  done  all  these  things,  and  he  who  was 
summoned  refuses  to  come  to  any  court,  the  king  shall  put 
him  outside  of  his  protection  [i.e.,  outlaw  him].  Then  the 
criminal  and  all  his  goods  are  liable.  And  whoever  shall 
feed  him  or  give  him  hospitality,  even  if  it  be  his  own  wife, 
shall  be  held  liable  for  600  denarii,  which  make  15  solidi, 
until  he  shall  have  paid  all  that  has  been  imposed  on  him. 

1  Mallberg  or  malloberg  is  the  place  where  the  mallus  or  public 
court  is  held,  and  is  here  used  as  equivalent  to  the  court. 

2  The    process    described    from    the    end    of   the    first    sentence    to 
this  point  is  supposed  to  have  taken  place  before  the  summons  to 
the  king's  court  mentioned  in  that  first  sentence;  this  is  shown  by 
the  statement  that  there  are  to  be  twelve  witnesses  at  the  king's 
court,  these  twelve  witnesses  appearing  in  the  passage  as  follows : 
three  each  for  the  two  public  trials  in  the  mallus,  three  for  the  sum- 
mons to  the  king's  court  fourteen  days  after  the  second  trial,  and 
three  for  the  first  session  of  the  king's  court;   these  delays  having 
been  granted  and  the  delinquent  not  appearing  at  the  second  session 
of  the  royal  court,  he  is  there  finally  outlawed. 

5.  SELECTIONS  FROM  THE  HISTORY  OF  THE  FRANKS,  BY 
GREGORY  OF  TOURS. 

M.  G.  S.  S.  4to,  rerum  mer.,  I. 

By  the  end  of  the  fifth  century,  the  Roman  government  in  the  west 
had  practically  come  to  an  end  and  most  of  the  territory  was  occu- 
pied by  German  tribes.  The  confederated  tribes  living  along  the 
middle  and  lower  Rhine  began  to  be  called  Franks  about  200  A.D. 
For  the  next  two  centuries,  the  Roman  garrisons  had  great  difficulty 
in  keeping  them  out  of  northern  Gaul.  With  the  weakening  and 
final  withdrawal  of  these  garrisons  in  the  beginning  of  the  fifth 
century,  the  Franks  spread  over  northern  Gaul  and  by  about  450 
had  occupied  the  land  as  far  south  as  the  river  Somme.  Under 
Chlodovech  the  confederated  tribes,  which  still  had  their  own  kings, 
were  united  under  his  single  rule,  and  the  other  inhabitants  of  Gaul 
— Romans,  Alamanni,  West  Goths,  and  Burgundians — were  absorbed 


No.  5]  THE  EMPIRE  TO   1073  27 

or  reduced  to  dependence.  The  work  of  Chlodovech  was  carried  on 
by  his  sons  and  grandsons  with  the  conquest  of  the  Burgundians, 
Thuringians,  Bavarians,  etc.  Then  came  the  civil  wars  among  the 
descendants  of  Chlodovech  which  prevented  further  advance  until  the 
rise  of  the  house  of  Karl  the  Great. 

There  are  few  documents  or  chronicles  for  the  history  of  the 
Franks  during  the  fifth  to  the  seventh  centuries.  The  only  con- 
nected account  is  that  of  Gregory,  bishop  of  Tours  from  573  to  594. 
His  position  made  him  one  of  the  most  influential  men  of  his  time 
and  he  was  well  acquainted  with  the  contemporary  events  which 
he  narrates.  The  earlier  part  of  his  work  is,  of  course,  less  reliable, 
because  he  depended  upon  tradition. 

II,  9.  It  is  not  known  who  was  the  first  king  of  the 
Franks.  .  .  .  We  read  in  the  lists  of  consuls  that  The- 
odomer,  king  of  the  Franks,  son  of  a  certain  Richemer,  and 
his  mother  Ascyla  were  slain  by  the  sword.  They  say  also 
that  afterward  Chlogio,  a  brave  and  illustrious  man  of  that 
race,  was  king  of  the  Franks  and  had  his  seat  at  Dispargum, 
on  the  boundary  of  the  Thuringians.  In  the  region  [about 
Tours],  as  far  south  as  the  Loire,  dwelt  the  Romans;  beyond 
the  Loire  the  Goths  held  sway,  while  the  Burgundians,  who 
followed  the  heresy  of  Arius,  dwelt  across  the  Rhone,  on 
which  is  situated  the  city  of  Lyon.  Chlogio  sent  spies  to 
the  city  of  Cambrai 1  to  spy  out  the  situation  and  report 
to  him.  Then  he  seized  the  city  and  dwelt  there  a  short 
time,  occupying  the  land  as  far  as  the  Somme.  Some  assert 
that  king  Merovech,  whose  son  was  Childerich,2  belonged  to 
the  line  of  Chlogio.  .  .  . 

27.  After  the  death  of  Childerich  his  son  Chlodovech 
ruled  in  his  stead  [481].  In  the  fifth  year  of  his  reign, 
Syagrius,  son  of  ^gidius,  was  ruling  in  Soissons  as  king 
of  the  Romans,3  where  the  said  ^Egidius  had  held  sway. 
Xow  Chlodovech  and  his  relative  Ragnachar  advanced  against 
Syagrius  and  challenged  him  to  battle ;  and  the  latter  eagerly 
accepted  the  challenge.  But  in  the  course  of  the  conflict 
Syagrius,  seeing  that  his  army  was  defeated,  turned  and  fled 


28    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

from  the  field,  seeking  safety  with  king  Alaric  at  Toulouse.4 
Then  Chlodovech  sent  to  Alaric,  ordering  him  to  surrender 
Syagrius,  on  pain  of  being  himself  attacked;  and  Alaric, 
fearing  to  incur  the  wrath  of  the  Franks,  as  is  the  habit  of 
the  Goths,  gave  over  Syagrius  bound  to  the  messengers  of 
Chlodovech.  Then  Chlodovech  had  him  thrown  into  prison, 
and,  after  seizing  his  kingdom,  had  him  secretly  slain.  .  .  . 

28.  Now  Gundevech,  of  the  line  of  the  persecuting  king, 
Athanaric,  was  king  of  the  Burgundians.5  He  had  four 
sons,  Gundobad,  Godegisel,  Chilperic,  and  Godomar.  Gun- 
dobad  slew  his  brother  Chilperic,  and  drowned  Chilperic's 
wife  by  tying  a  stone  about  her  neck  and  throwing  her  into 
the  water.  He  also  condemned  Chilperic's  two  daughters  to 
exile;  of  these  the  older  was  Chrona,  who  became  a  nun, 
and  the  younger  was  Chlothilde.  .  .  .  Chlodovech  sent  an 
embassy  to  Gundobad  demanding  the  hand  of  Chlothilde  in 
marriage,  and  Gundobad,  fearing  to  refuse  him,  surrendered 
her  to  the  messengers  of  Chlodovech,  who  bore  her  straight- 
way to  the  king.  .  .  . 

30.  The  queen  [Chlothilde]  continually  urged  Chlodo- 
vech to  abandon  his  idols  and  accept  the  true  God.  She  was 
not  successful,  however,  until  finally,  when  he  was  waging 
war  on  the  Alamanni,6  he  was  compelled  by  necessity  to 
accept  that  which  he  had  formerly  refused.  For  in  the 
course  of  the  battle,  when  the  two  armies  were  engaged  in 
fierce  struggle,  it  happened  that  the  army  of  Chlodovech  was 
on  the  verge  of  utter  rout,  and  seeing  this  the  king  raised 
his  eyes  to  heaven,  and  cried:  "Jesus  Christ,  thou  whom 
Chlothilde  doth  call  the  son  of  the  living  God,  who  dost 
comfort  those  in  travail  and  give  victory  to  those  that  believe 
in  thee,  I  now  devoutly  beseech  thy  aid,  and  I  promise  if 
thou  dost  give  me  victory  over  these  mine  enemies  and  if 
I  find  thou  hast  the  power  which  thy  believers  say  thou 
hast  shown,  that  I  will  believe  in  thee  and  be  baptized  in 
thy  name.  For  I  have  called  on  my  own  gods  and  they  have 


No.  5]  THE  EMPIRE  TO   1073  29 

failed  to  help  me;  therefore  I  believe  they  have  no  power, 
since  they  do  not  come  to  the  aid  of  their  worshippers.  I 
call  now  upon  thee;  I  desire  to  believe  in  thee,  that  I  be  not 
destroyed  by  mine  enemies."  And  as  soon  as  he  had  cried 
thus,  the  Alamanni  turned  and  fled.  And  when  they  saw 
that  their  king  was  slain  they  surrendered  to  Chlodovech, 
saying:  "Let  not  thy  people  perish  further,  we  beseech  thee, 
for  we  are  thine." 

31.  .    .     .    Then  the  king  demanded  that  he  should  be 
the  first  to  be  baptized  by  the  bishop.     So  the  new  Con- 
stantine  advanced  to  the  font,  to  be  cleansed  from  the  old 
leprosy  of  his  sin,  and  from  the  sordid  stains  of  his  past  life, 
in  the  water  of  baptism.     As  he  approached  the  font,  the 
saint  of  God  addressed  him  in  these  fitting  words:  "Bow 
thy  head,  Sigambrian;7  adore  what  thou  hast  burned,  burn 
what  thou  hast  adored."    .    .     .    Then  the  king  having  pro- 
fessed his  belief  in  omnipotent  God  the  Trinity,  was  baptized 
in  the  name  of  the  Father,  Son,  and  Holy  Spirit,  and  was 
anointed  with  the  holy  oil  with  the  sign  of  the  cross  of 
Christ.     And  more  than  3,000  of  his  army  were  baptized 
also.    .    .    . 

32.  The  brothers  Gundobad  and  Godegisel  were  at  this 
time  ruling  the  land  about  the  Rhone  and  the  Saone  and 
the  province  of  Marseilles.     They,  as  well  as  their  people, 
were  Arian.     And  when  war  was  on  the  point  of  breaking 
out  between  them,  Godegisel,  who  had  heard  of  the  conquests 
of  Chlodovech,  sent  to  him  secretly,  saying :  "If  you  will  give 
me  aid  in  overthrowing  my  brother,  so  that  I  may  kill  him 
in  battle  or  drive  him  from  the  kingdom,  I  will  pay  you  such 
yearly  tribute  as  you  shall  demand."     Chlodovech  accepted 
the  conditions  gladly  and  promised  to  send  aid  to  Godegisel 
whenever   he   should   require   it.      At   the   time   appointed, 
Chiodovech  advanced  with  his  army  against  Gundobad.  When 
Gundobad,  ignorant  of  the  treachery  of  Godegisel,  learned  of 
the  approach  of  Chlodovech,  he  sent  to  his  brother,  saying: 


30    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

"Come  to  my  aid,  for  the  Franks  are  coming  against  me  to 
seize  my  kingdom.  Let  us  unite  to  withstand  this  enemy, 
lest  if  we  remain  divided,  each  of  us  should  suffer  the  fate 
of  the  other  nations."  And  Godegisel  replied  that  he  would 
bring  his  army  to  the  aid  of  his  brother.  Thus  the  three 
armies  advancing  at  the  same  time,  came  together  at  Dijon, 
and  Godegisel  and  Chlodovech  joined  forces  and  defeated 
Gundobad.  Gundobad,  seeing  the  treachery  of  his  brother, 
which  he  had  not  before  suspected,  turned  and  fled  along 
the  bank  of  the  Rhone  until  he  came  to  Avignon.  .  .  . 

35.  Now  when  Alaric,  king  of  the  Goths,  saw  that  Chlo- 
dovech was  conquering  many  nations,  he  sent  to  him  and 
said:  "If  it  please  my  brother,  let  us  unite  our  interests 
under  the  protection  of  God."  And  Chlodovech,  agreeing, 
came  to  him,  and  they  met  on  an  island  in  the  Loire,  near 
the  town  of  Amboise  in  the  vicinity  of  Tours.  There  they 
held  a  conference,  and  ate  and  drank  together,  and  separated 
in  peace,  having  exchanged  vows  of  friendship.  But  already 
many  of  the  Gauls  [under  Alaric]  were  greatly  desirous  of 
being  under  Frankish  rule. 

37.  Then  Chlodovech  said  to  his  followers :  "It  causes  me 
great  grief  that  these  Arians  8  should  hold  a  part  of  Gaul. 
Let  us  go  with  the  aid  of  God  and  reduce  them  to  subjec- 
tion." And  since  this  was  pleasing  to  all  his  followers,  he 
advanced  with  his  army  toward  Poitiers.  .  .  .  And  Chlo- 
dovech came  up  with  Alaric,  king  of  the  Goths,  at  Vouille, 
about  ten  miles  from  Poitiers.  .  .  .  There  the  Goths  fled, 
according  to  their  custom,  and  Chlodovech  gained  a  great 
victory  with  the  aid  of  God.  And  Chloderic,  the  son  of 
Sigibert  the  Lame,  aided  him  in  this  battle. 

40.  Now  while  Chlodovech  was  staying  at  Paris,  he  sent 
secretly  to  the  son  of  Sigibert,  saying:  "Behold  now  your 
father  is  old  and  lame.  If  he  should  die  his  kingdom  would 
come  to  you  and  my  friendship  with  it."  So  the  son  of 
Sigibert,  impelled  by  his'  cupidity,  planned  to  slay  his  father, 


No.  5]  THE  EMPIRE  TO   1073  31 

And  when  Sigibert  set  out  from  Cologne  and  crossed  the 
Rhine  to  go  through  the  Buchonian  forest  [in  Hesse,  near 
Fulda],  his  son  had  him  slain  by  assassins  while  he  was  sleep- 
ing in  his  tent,  in  order  that  he  might  gain  the  kingdom 
for  himself.  But  by  the  judgment  of  God  he  fell  into  the 
pit  which  he  had  digged  for  his  father.  He  sent  messengers 
to  Chlodovech  to  announce  the  death  of  his  father  and  to 
say:  "My  father  is  dead,  and  I  have  his  treasures,  and  the 
kingdom  as  well.  Now  send  messengers  to  me,  that  I  may 
send  to  you  whatever  you  would  like  from  his  hoard."  Chlo- 
dovech replied :  "I  thank  you  for  your  kindness,  and  beg 
you  merely  to  show  my  messengers  all  your  possessions, 
after  which  you  may  keep  them  yourself."  And  when 
the  messengers  of  Chlodovech  came,  the  son  of  Sigibert 
showed  them  the  treasures  which  his  father  had  collected. 
And  while  they  were  looking  at  the  various  things,  he  said: 
"My  father  used  to  keep  his  gold  coins  in  this  little  chest." 
And  they  said:  "Put  your  hand  down  to  the  bottom,  that 
you  may  show  us  everything."  But  when  he  stooped  to 
do  this,  one  of  the  messengers  struck  him  on  the  head 
with  his  battle-axe,  and  thus  he  met  the  fate  which  he  had 
visited  upon  his  father.  Now  when  Chlodovech  heard  that 
both  Sigibert  and  his  son  were  slain,  he  came  to  that  place 
and  called  the  people  together  and  said  to  them :  "Hear  what 
has  happened.  While  I  was  sailing  on  the  Scheldt  river, 
Chloderic,  son  of  Sigibert,  my  relative,  attacked  his  father, 
pretending  that  I  had  wished  him  to  slay  him.  And  so  when 
his  father  fled  through  the  Buchonian  forest,  the  assassins 
of  Chloderic  set  upon  him  and  slew  him.  But  while  Chlo- 
deric was  opening  his  father's  treasure  chest,  some  man  un- 
known to  me  struck  him  down.  I  am  in  no  way  guilty  of 
these  things,  for  I  could  not  shed  the  blood  of  my  relatives, 
which  -is  very  wrong.  But  since  these  things  have  happened, 
if  it  seems  best  to  you,  I  advise  you  to  unite  with  me  and 
come  under  my  protection."  And  those  who  heard  him 


32    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

applauded  his  speech,  and,  raising  him  on  a  shield,  made 
him  king  over  them.  Thus  Chlodovech  gained  the  kingdom 
of  Sigibert  and  his  treasures  and  won  over  his  subjects  to 
his  own  rule.  For  God  daily  overwhelmed  his  enemies  and 
increased  his  kingdom  because  he  walked  uprightly  before 
him  and  did  that  which  was  pleasing  in  his  sight. 

41.  Then  Chlodovech  turned  against  Chararic.    For  when 
he  was  waging  war  against  Syagrius,  this  Chararic,  although 
Chlodovech  had  asked  him  for  aid,  had  kept  out  of  the 
struggle  and  had  given  him  no  help,  waiting  to  see  the  issue, 
that  he  might  then  make  friends  with  the  victor.     On  this 
account,  Chlodovech  was  angry  with  him  and  attacked  him. 
When  he  had  succeeded  in  seizing  Chararic  and  his  son  by 
treachery,  he  caused  their  heads  to  be  shaved  and  ordered 
Chararic  to  be  ordained  a  priest  and  his  son  a  deacon.     It 
is  said  that  when  Chararic  was  lamenting  his  humiliation, 
his  son  replied :  "  These  twigs  were  cut  from  a  green  tree, 
which  is  not  all  dead ;  they  will  come  out  again  rapidly  when 
they  begin  to  grow.     Would  that  he  who  did  this  thing 
might  as  quickly  perish."     But  when  it  was   reported  to 
Chlodovech  that  they  planned  to  let  their  hair  grow  again 
and  slay  him,  he  ordered  their  heads  to  be  cut  off,  and  thus  by 
their  death  acquired  their  realm  and  treasures  and  subjects. 

42.  ...    Then  Chlodovech  made  war  upon  his  relative, 
Ragnachar  [king  of  the  region  about  Cambrai].     And  when 
Ragnachar  saw  that  his  army  was  defeated,  he  attempted 
to  flee,  but  his  own  men  seized  him  and  his  brother  Richar 
and  brought  them  bound  before  Chlodovech.     Then  Chlodo- 
vech said :  "Why  have  you  disgraced  our  family,  by  allowing 
yourself  to  be  taken?    It  would  have  been  better  for  you  to 
have  been  slain."     And  raising  his  battle-axe  he  slew  him. 
Then  turning  to  the  brother  of  Ragnachar,  he  said :  "  If  you 
had  aided  your  brother  he  would  not  have  been  taken;"  and 
he  slew  him  with  the  axe  also.     .     .     .     Thus  by   their 
death  Chlodovech  took  the  kingdom  and  treasures.     And 


No.  5]  THE  EMPIRE  TO   1073  33 

many  other  kings  and  relatives  of  His,  who  he  feared  might 
take  his  kingdom  from  him,  were  slain,  and  his  kingdom  was 
extended  over  all  Gaul.9  .  .  . 

43.  And  after  this  he  died  at  Paris  and  was  buried  in 
the  basilica  of  the  holy  saints  which  he  and  his  queen,  Chlo- 
thilde,  had  built.  He  passed  away  in  the  fifth  year  after 
the  battle  of  Vouille,  and  all  the  days  of  his  reign  were 
thirty  years. 

Ill,  1.  Now  Chlodovech  being  dead,  his  four  sons,  The- 
odoric,  Chlodomer,  Childebert,  and  Chlothar,  received  his 
kingdom  and  divided  it  equally.10  .  .  . 

[Chlodomer  was  slain  in  an  attack  on  the  Burgundians,  and  his 
mother,  Chlothilde,  took  his  sons,  Theodoald,  Gunther,  and  Chlodoald, 
under  her  protection.] 

18.  But  while  Chlothar  was  staying  at  Paris,  Childe- 
bert, perceiving  that  his  mother  Chlothilde  loved  the  sons 
of  Chlodomer  greatly,  was  stirred  with  envy  and  with  the 
fear  that  they  might  be  restored  to  the  kingdom  of  their 
dead  father  by  aid  of  the  queen-mother.  So  he  sent  secretly 
to  his  brother,  king  Chlothar,  saying:  "Our  mother  is  keep- 
ing the  sons  of  our  dead  brother  Chlodomer,  and  intends  to 
restore  them  to  his  kingdom;  come  now  to  Paris  and  advise 
with  me  as  to  what  shall  be  done;  whether  their  hair  shall 
be  cut  off  and  they  shall  thus  be  made  like  the  common  peo- 
ple, or  whether  we  shall  slay  them  and  divide  the  kingdom 
of  our  brother  between  us/'  Chlothar  was  delighted  with 
these  words  and  hastened  to  Paris.  Now  Childebert  had 
caused  the  rumor  to  be  spread  among  the  people  that  the 
two  kings  were  coming  together  to  consider  the  establishing 
of  the  children  on  the  throne  of  their  father.  And  after 
they  had  met  they  sent  word  to  the  queen,  who  was  dwelling 
in  the  same  city,  saying :  "  Send  the  children  to  us  that  we 
may  place  them  on  the  throne."  And  she,  rejoicing  and 
thinking  no  evil,  sent  them  the  children.  .  .  .  But  when 
the  children  had  left  her  they  were  immediately  seized  and 


34    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

separated  from  their  servants  and  imprisoned  by  themselves. 
Then  Childebert  and  Chlothar  sent  a  certain  Arcadius,  their 
messenger,  to  the  queen  with  a  pair  of  shears  and  a  naked 
sword.  And  when  he  came  he  showed  both  to  the  queen  and 
said :  "  Your  sons  wish  to  know  your  will  in  regard  to  the 
boys;  whether  they  should  be  shorn  of  their  locks  and  live, 
or  be  slain."  The  queen,  terrified  and  distracted  at  the  mes- 
sage and  especially  at  the  sight  of  the  shears  and  the  sword, 
said  in  the  bitterness  of  her  heart  and  not  knowing  what 
she  was  saying :  "  If  they  'are  not  to  reign,  I  would  rather 
see  them  dead  than  shorn  of  their  locks."  .  .  .  And 
when  the  messenger  brought  back  this  reply,  Chlothar  im- 
mediately seized  the  oldest  boy  by  the  arm  and  throwing 
him  on  the  floor  slew  him  with  his  dagger.  But  when  he 
shrieked,  his  young  brother  threw  himself  at  the  feet  of 
Childebert  and  clinging  to  his  knees  cried :  "  Save  me,  dear- 
est uncle,  that  I  be  not  slain  like  my  brother."  And  Childe- 
bert, the  tears  raining  down  his  face,  said  to  his  brother: 
"  Brother,  I  pray  you  grant  me  the  life  of  the  boy ;  I  will 
give  you  anything  you  ask  in  exchange  for  his  life,  only  do 
not  slay  him."  But  Chlothar,  reviling  him,  said :  "  Cast 
him  from  you,  or  you  shall  die  for  him.  You  are  the  insti- 
gator of  this  business,  and  do  you  so  soon  repent  ?  "  At  this 
Childebert  cast  the  boy  from  him,  and  Chlothar  thrust  the 
dagger  into  his  side  and  slew  him  as  he  had  slain  his  brother. 
Of  the  boys  one  was  ten  and  the  other  seven  years 
old.  But  the  third  boy,  Chlodoald,  escaped  by  the  aid  of 
certain  powerful  persons;  rejecting  a  worldly  kingdom,  he 
turned  to  God,  and  became  a  priest,  cutting  off  his  hair 
with  his  own  hands.  And  Childebert  and  Chlothar  divided 
the  kingdom  of  Chlodomer  between  them. 

[After  the  death  of  his  brothers,  Chlothar  united  the  whole 
Frankish  kingdom  under  his  single  rule  (558-61).  He  left  four  sons, 
Charibert,  Gunthram,  Chilperic,  and  Sigbert,  who  divided  the  king- 
dom among  themselves.] 

IV,  27.     Now  when  Sigbert  saw  that  his  brothers  had 


No.  5]  THE  EMPIRE  TO   1073  35 

taken  wives  of  lowly  rank,  he  sent  an  embassy  to  Spain  and 
sought  the  hand  of  Brunhilda,  daughter  of  king  Athanagild 
[king  of  the  West  Goths].  .  .  . 

28.  When  Chilperic  heard  of  this,  although  he  already 
had  several  wives,  he  sought  the  hand  of  Galeswintha,  sister 
of  Brunhilda,  promising  that  he  would  leave  his  other  wives, 
if* he  should  be  given  a  wife  of  royal  rank.  Athanagild, 
believing  the  promise  of  Chilperic,  sent  him  his  daughter 
Galeswintha  with  rich  gifts,  as  he  had  already  sent  Brun- 
hilda. And  when  she  came  to  king  Chilperic,  he  received 
her  with  great  honor  and  was  married  to  her;  and  he  loved 
her  greatly,  for  she  brought  rich  treasures  with  her.  But 
great  strife  was  caused  by  the  love  of  Chilperic  for  Frede- 
gonda,  with  whom  he  had  formerly  lived.  Galeswintha  com- 
plained to  the  king  of  the  indignity  offered  to  her  and  said 
that  she  had  no  honor  in  his  house,  and  she  begged  him  to 
keep  the  treasures  which  she  had  brought  wifh  her  and  let 
her  depart  alone  to  her  own  land.  But  the  king  attempted 
to  placate  her  with  soft  and  deceitful  words.  Finally  he 
ordered  her  to  be  alain  by  a  servant,  and  she  was  found  dead 
in  her  bed.  .  .  .  And  Chilperic,  having  mourned  her 
death,  after  a  few  days  married  Fredegonda.11 

1  Chlogio  died  in  457.     The  advance  of  the  Franks  to  the  Somme 
was  made  easy  by  the  depopulation  of  the  land  through  two  cen- 
turies of  border  raids  and  by  the  withdrawal  of  the  garrisons. 

2  The    tomb    of  Childerich,   father  of   Chlodovech,  was  discovered 
at  Tournai  in   1653.     In  it  were  found  along  with  the  body,  coins, 
a  seal,  remnants  of  a  purple  mantle,  covered  with  the  famous  golden 
bees  which  Napoleon  appropriated  and  wore,  etc. 

3  ^gidius  and  Syagrius,  whom  Gregory  calls  kings  of  the  Romans, 
were  probably  Roman  military  commanders  who  still  held  out  in 
Gaul  in  the  name  of  the  emperor.     Syagrius  held  the  territory  between 
the  Somme  and  the  Loire. 

*Alaric  II,  king  of  the  West  Goths,  485-507.  At  this  time  the 
strength  of  the  West  Gothic  kingdom  was  apparently  in  southern 
Gaul  with  the  capital  at  Toulouse.  After  the  defeat  of  Alaric  and 
the  acquisition  by  the  Franks  of  most  of  the  land  north  of  the 


36    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

Pyrenees,  the  kingdom  of  the  West  Goths  was  practically  confined 
to  Spain. 

6  The  Burgundians  were  an  East  German  people  related  to  the 
Goths.  They  had  moved  south  and  west  from  near  the  Vistula  and 
had  settled  on  the  Main  and  Rhine  about  Worms  somewhere  about 
400.  At  the  time  of  the  invasion  of  Attila  they  fought  with  the 
Romans  against  him  and  suffered  severely.  They  were  then  allowed 
by  the  Romans  to  settle  just  within  the  boundaries  of  the  empfre 
in  modern  Savoy.  From  here  they  later  overran  and  occupied  the 
valleys  of  the  Rhone  and  Saone.  Like  all  the  German  tribes  except 
the  Franks,  the  Burgundians  had  been  converted  to  the  Arian  form 
of  Christianity,  which  was  regarded  by  the  west  as  a  heresy.  Owing 
to  the  efforts  of  the  popes  and  the  catholic  clergy  some  of  the  Bur- 
gundians had  been  converted  to  the  orthodox  faith,  among  them  the 
princess  Chlothilde,  the  wife  of  Chlodovech.  Chlodovech's  conver- 
sion to  Catholic  Christianity  was  of  great  assistance  to  him  in  his 
conquest  of  the  heretical  German  kingdoms,  since  the  sympathies  of 
the  Roman  population  were  with  him. 

6  The  Alamanni  were  a  confederation  of  tribes  who  had  occupied 
the  Agri  Decumates  (see  no.  1,  Tacitus,  note  9)  during  the  century 
300-400,  and  had  then  spread  over  the  Rhine  into  the  territory  of 
modern  Elsass. 

*  Sigambrian — the  Sigambri  or  Sycambri  were  one  of  the  early 
tribeg  that  made  up  the  Frankish  confederation.  It  is  used  here  as 
synonymous  with  Frank. 

« The  hostility  between  the  West  Goths  and  the  conquered 
Roman  provincials,  among  whom  they  settled,  was  kept  alive  by 
religious  differences.  The  dissatisfaction  of  the  Roman  population 
and  their  leaning  to  the  Franks  after  the  conversion  of  this  tribe 
were  of  great  aid  to  Chlodovech  in  his  wars  with  the  West  Goths 
and  Burgundians.  The  same  religious  differences  explain  also  to 
some  extent  the  failure  of  the  East  Goths  and  the  Vandals  to  build 
permanent  states  in  the  territory  which  they  occupied.  On  the 
other  hand,  the  West  Goths  in  Spain  did  later  become  Roman ' 
Catholics  and  enjoyed  a  longer  existence. 

9  Chlodovech  was  originally  king  of  only  one  of  the  numerous 
tribes  of  the  Frankish  confederation,  but  was  the  natural  leader  in 
war  of  the  whole  body.  We  have  three  kings  mentioned  by  name 
by  Gregory,  Sigebert,  Chararic,  and  Ragnachar,  but  he  speaks  also 
of  "many  other  kings  and  relatives  of  Chlodovech."  The  result  of 
these  assassinations  was  the  union  of  all  the  Franks  under  the  rule 
of  the  house  of  Chlodovech. 


No.  6]  THE  EMPIRE  TO   1073  37 

10  The   division   of   the   kingdom   of   Chlodovech   among   his   sons 
was  fatal  to  the  peace  of  the  land  and  to  the  development  of  a  perma- 
nent   government.     The    strife    broke    out    almost    immediately,    as 
appears  from  the  account  in  ch.  18,  and  was  continued  in  the  later 
generations,  among  the  sons  and  grandsons  of  Chlothar. 

11  The   murder   of    Galeswintha   was   the   immediate   occasion   for 
the  outbreak  of  the  long  civil  war  between  the  two  queens,  Frede- 
gonda  and  Brunhilda,  and  their  husbands  and  descendants.     The  inci- 
dents need  not  be  followed; 'the  war  involved  numerous  murders  and 
assassinations  and  resulted  in  the  weakening  of  the  monarchy,  the 
rise  of  the  mayors  of  the  palace,  and  the  independence  of  the  outly- 
ing portions  of  the  empire,"  such  as  Aquitaine,  Bavaria,  Alamannia, 
etc.,  under  native  rulers, 

6.    THE  CORONATION  OF  PIPPIN,  751. 

Einhard's  Annals,  M.  G.  SS.  folio,  I,  pp.  137  f. 

One  of  the  most  important  results  of  the  civil  wars  and  weakening 
of  the  monarchy  in  the  later  Merovingian  period  was  the  rise  to 
power  of  the  mayor  of  the  palace.  The  mayor  of  the  palace  was  orig- 
inally the  chief  servant  of  the  king's  household.  As  the  king  used 
his  private  servants  in  the  administration  of  public  affairs  the  chief 
servant  became  eventually  the  chief  public  official.  In  the  eastern 
Frankish  kingdom  (Austrasia)  this  office,  like  many  other  offices  in 
this  period,  had  become  hereditary  in  the  hands  of  one  of  the  great 
families.  The  last  stage  of  the  civil  war  (see  no.  5,  note  11)  was 
fought  out  really  between  the  mayors  of  the  palaces  of  Austrasia 
and  Neustria,  and  resulted  in  the  permanent  triumph  of  the  Aus- 
trasian  house.  The  actual  power  and  the  wise  administration  of 
the  mayors  of  this  house  were  in  striking  contrast  to  the  weakness 
and  the  inefficiency  of  the  last  Merovingian  kings,  and  this  was  the 
chief  reason  for  the  change  in  succession  related  in  this  passage. 
The  appeal  to  the  pope  and  his  favorable  report  on  the  contemplated 
change,  and  the  later  attack  upon  the  Lombards  by  Pippin  at  the 
pope's  instance,  are  the  first  steps  in  the  formation  of  a  connection 
between  the  kings  of  the  Franks  and  the  popes. 

Anno  749.  Burchard,  bishop  of  Wiirzburg,  and  Fulrad, 
priest  and  chaplain,  were  sent  [by  Pippin]  to  pope  Zacha- 
rias  to  ask  his  advice  in  regard  to  the  kings  who  were  then 
ruling  in  France,  who  had  the  title  of  king  but  no  real  royal 
authority.  The  pope  replied  by  these  ambassadors  that  it 


38    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

would  be  better  that  he  who  actually  had  the  power  should 
be  called  king. 

750  [751].  In  this  year  Pippin  was  named  king  of  the 
Franks  with  the  sanction  of  the  pope,  and  in  the  city  of 
Soissons  he  was  anointed  with  the  holy  oil  by  the  hands  of 
Boniface,  archbishop  and  martyr  of  blessed  memory,  and 
was  raised  to  the  throne  after  the  custom  of  the  Franks. 
But  Childerich,  who  had  the  name  of  king,  was  shorn  of  his 
locks  and  sent  into  a  monastery. 

753.  ...     In  this  year  pope  Stephen  came  to  Pippin 
at  Kiersy,  to  urge  him  to  defend  the  Roman  church  from 
the  attacks  of  the  Lombards.1 

754.  And   after  pope    Stephen  had   received  a   promise 
from  king  Pippin  that  he  would  defend  the  Roman  church, 
he  anointed  the  king  and  his  two  sons,  Karl  and  Karlmann, 
with  the  holy  oil.     And  the  pope  remained  that  winter  in 
France. 

1  For  the  papal  account  of  this,  see  no.  44. 

7.     EINHAED'S  LIFE  OF  KARL  THE  GREAT. 

Einhard,  Vita  Karoli  Magni;  M.  G.  SS.  folio,  II,  pp.  443  S. 

Einhard,  who  lived  about  770  to  840,  was  a  scholar,  and  a  member 
of  the  court  and  the  circle  of  Karl  the  Great.  His  biography  of 
Karl  is  the  most  reliable  and  intimate  account  of  the  life  and  the 
character  of  the  emperor  that  we  possess. 

3.  After  ruling  as  king  of  the  Franks  for  fifteen  years, 
Pippin  died  at  Paris,  leaving  two  sons  to  succeed  him,  Karl 
and  Karlmann.  .  .  .  Karlmann,  however,  died  after  two 
years  of  joint  rule,  and  Karl  became  king  of  all  the  Franks. 

5.  The  first  of  his  wars  was  that  against  the  duke  of 
Aquitaine,1  which  was  begun  but  not  completed  by  his  father. 
Karl  had  asked  his  brother  to  aid  him  in  this  undertaking, 
but  Karlmann  had  failed  to  send  the  help  which  he  had 
promised.  Karl,  however,  undertook  the  war  alone  and  car- 
ried it  through  successfully.  Hunold,  who  had  tried  to 


No.  7]  THE  EMPIRE  TO   1073  39 

recover  the  duchy  of  Aquitaine  after  the  death  of  Waifer, 
was  driven  out  of  the  province  and  forced  to  take  refuge 
in  Gascony.  But  Karl  advanced  across  the  Garonne,  threat- 
ening Lupus,  the  duke  of  Gascony,  with  war  unless  he  should 
surrender  the  fugitive.  Thereupon  Lupus  not  only  gave  up 
Hunold,  but  acknowledged  the  authority  of  Karl  over  his 
own  duchy  as  well. 

6.  After  the  pacification  of  Aquitaine  and  the  death  of 
his  brother,  Karl  made  war  on  the  Lombards  in  response  to 
the  prayer  of  Adrian,  bishop  of  Rome.     His  father  Pippin 
had  also  attacked  the  Lombards  in  the  time  of  king  Aistulf, 
at  the  request  of  pope  Stephen,     .     .     .     but  had  been  con- 
tent with  besieging  Aistulf  in  Ticino  and  securing  pledges 
that  he  would  restore  the  places  which  he  had  taken  and 
would  never  renew  his  attack  upon  Rome.     Karl  went  fur- 
ther: he  overthrew  Desiderius,  king  of  the  Lombards,  and 
drove  his  son  Adalgisus  out  of  Italy ;  restored  to  the  Romans 
their  possessions;  defeated  a  new  rising  under  Radegaisus, 
duke  of  Friuli;  and  subjugated  all  of  Italy,  making  his  son 
Pippin  king.2 

7.  Then  Karl  returned  to  the  attack  which  he  had  been 
making  upon  the  Saxons  3  and  which  had  been  interrupted 
by  the  Lombard  invasion.     This  was  the  longest  and  most 
severe  of  all  his  wars,  for  the  Saxons,  being  barbarians  and 
pagans  like  most  of  the  tribes  in  Germany,  were  bound  by 
the  laws  neither  of  humanity  nor  of  religion.     For  a  long 
time  there  had  been  continual  disturbances  along  the  bor- 
der, since  there  was  no  natural  barrier  marking  the  bound- 
ary between  the  two  races,  except  in  a  few  places  where  there 
were  heavier  forests  or  mountains.     So  the  Franks  and  the 
Saxons  were  accustomed  to  make  almost  daily  raids  on  the 
territory  of  each  other,  burning,  devastating,  and  slaying. 
Finally  the  Franks  determined  to  put  an  end  to  this  condi- 
tion of  affairs  by  conquering  the  Saxons.     In  this  way  that 
war  was  begun  which  was  waged  continually  for  thirty-three 


40    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

years,  and  which  was  characterized  by  the  most  violent  ani- 
mosity on  both  sides,  although  the  Saxons  suffered  the  greater 
damage.  The  final  conquest  of  the  Saxons  would  have  been 
accomplished  sooner  but  for  their  treachery.  It  is  hard  to 
tell  how  often  they  broke  faith;  surrendering  to  the  king 
and  accepting  his  terms,  giving  hostages  and  promising  to 
accept  the  Christian  faith  and  abandon  their  idols,  and  then 
breaking  out  into  revolt  again.  This  happened  in  almost 
every  year  of  that  war,  but  the  determination  of  the  king 
could  not  be  overcome  by  the  difficulties  of  the  undertaking 
nor  by  the  treachery  of  the  Saxons.  He  never  allowed  a 
revolt  to  go  unpunished,  but  immediately  led  or  sent  an  army 
into  their  territory  to  avenge  it.  Finally  after  all  the  war- 
riors had  been  overthrown  or  forced  to  surrender  to  the  king, 
he  transplanted  some  ten  thousand  men  with  their  wives  and 
children,  from  their  home  on  the  Elbe,  to  Gaul  and  Ger- 
many, distributing  them  through  these  provinces.  Thus  they 
were  brought  to  accept  the  terms  of  the  king,  agreeing  to 
abandon  their  pagan  faith  and  accept  Christianity,  and  to 
be  united  to  the  Franks;  and  this  war  which  had  dragged 
on  through  so  many  years  was  brought  to  an  end. 

9.  While  this  long  war  was  going  on,  the  king  also  made 
an  expedition  into  Spain,  leaving  garrisons  behind  to  hold 
the  Saxons  in  check.  Crossing  the  Pyrenees  with  a  large 
army  he  conquered  all  the  cities  and  fortresses  in  the  region 
and  returned  safely  with  his  whole  army,  except  for  those 
that  were  slain  by  the  treachery  of  the  Basques.  For  when 
the  army  was  coming  back  through  the  passes  of  the  Pyre- 
nees, strung  out  in  a  long  line  of  march  because  of  the 
narrowness  of  the  defiles,  the  Basques  made  a  sudden  attack 
upon  the  rear-guard,  which  was  protecting  the  wagons  and 
baggage  of  the  army.  The  place  was  well  suited  to  an  am- 
buscade, being  thickly  wooded  and  very  steep;  the  Basques 
suddenly  rushed  down  from  the  heights  where  they  had  been 
hiding  and  fell  upon  the  rear-guard  and  destroyed  it  to  the 


No.  7]  THE  EMPIRE  TO   1073  41 

last  man,  seizing  the  baggage  and  escaping  under  cover  of 
the  approaching  night.  ...  In  this  attack  were  slain 
Eggihard,  the  king's  seneschal,  Anselm,  count  of  the  palace, 
and  Hrotland,  the  warden  of  the  marches  of  Brittany,  along 
with  many  others.  Up  to  the  present  time  this  attack  has 
not  been  avenged,  for  the  enemy  dispersed  so  quickly  that 
it  was  impossible  to  find  them  or  to  discover  who  were 
guilty.4 

10.  Karl  also  conquered  the  Bretons,  a  people  dwelling 
in  the  remote  western  part  of  Gaul,  along  the  shores  of  the 
ocean.      .     .     .     Then   he   again   invaded    Italy,   this   time 
marching  through  Borne  to  Capua,  a  city  of  Campania,  and 
forcing  the  submission  of  Aragaisus,  duke  of  Beneventum. 

11.  His  next  expedition  was  against  Bavaria,  which  was 
soon  reduced  to  subjection.    This  war  was  caused  by  the  in- 
subordination of  duke  Tassilo,  whose  wife,  a  daughter  of 
Desiderius,  urged  him  on  to  avenge  the  overthrow  of  her 
father.    Tassilo  made  an  alliance  with  the  Huns,  his  neigh- 
bors, and  prepared  to  attack  the  king.     Karl,  incensed  at 
such  presumption,  immediately  led  an  army  in  person  to 
Bavaria,    encamping    on   the   river    Lech,    which    separates 
Alamannia  and  Bavaria.     Before  invading  the  province  he 
sent  an  embassy  to  the  duke,  who,  seeing  the  hopelessness  of 
attempting  to  oppose  the  king,  immediately  made  his  sub- 
mission, offering  hostages  (among  them  his  son  Theodo)  and 
swearing  never  again  to  revolt.     Thus  this  war,  which  in  the 
beginning  threatened  to  be  a  serious  affair,  was  brought  to  a 
rapid  and  successful  conclusion.5     But  the  king  later  sum- 
moned Tassilo  to  his  presence  and  kept  him  a  prisoner,  not 
permitting  him  to  return  to  his  duchy;  and  from  that  time 
on  the  province  was  not  ruled  by  a  duke,  but  was  divided  into 
counties  over  which  Karl  placed  counts  of  his  own  choosing. 

12.  This  rebellion  having  been  put  down,  the  king  next 
made  an  attack  upon  a  tribe  of  the  Slavs,  whom  we  call  the 
Wiltzi,  in  their  own  tongue,  Welatabi.     .     .     .     The  cause 


42    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  this  war  was  the  attacks  which  the  Welatabi  were  making 
upon  the  Abodriti,  who  were  formerly  allies  of  the  Franks, 
and  their  refusal  to  desist  from  these  attacks  at  the  com- 
mand of  the  king.  There  is  a  great  gulf  [Baltic  Sea]  ex- 
tending east  from  the  western  ocean  [Atlantic],  whose  length 
is  unknown,  but  whose  width  nowhere  exceeds  one  hundred 
miles,  and  is  in  many  places  narrower.  Many  tribes  dwell 
along  its  shores:  on  the  northern  shore  and  in  the  islands, 
the  Danes  and  the  Swedes,  whom  we  call  Northmen;  on  the 
southern  shore,  the  Slavs  and  the  Aisti,  and  other  tribes, 
among  whom  are  these  Welatabi.  These  latter  were  defeated 
in  a  single  campaign  and  have  never  dared  to  revolt  again. 

13.  The  greatest  of  all  the  wars  of  Karl  except  the  Saxon 
war,  was  that  against  the  Avars  and  the  Huns. 

The  king  himself  led  one  expedition  against  them  into  Pan- 
nonia,  where  they  dwelt,  but  intrusted  the  later  ones  to  his  son 
Pippin  and  to  the  dukes  and  counts  of  the  neighboring  re- 
gions. The  war  lasted  for  eight  years,  and  the  bloody  char- 
acter of  it  is  shown  by  the  fact  that  to-day  Pannonia  is 
uninhabited  and  the  site  of  the  Khan's  palace  is  a  desert, 
containing  no  trace  of  former  human  habitation.  The  whole 
nobility  of  the  Huns  was  destroyed  in  the  course  of  this 
war,  and  all  the  treasure  of  the  Avars  carried  away  by  the 
Franks.6  .  .  . 

14.  ...     His  last  war  was  waged  against  the  Danes 
or  Northmen.     Beginning  with  small  piratical  raids,  they 
had  grown  so  bold  that  they  attacked  the  shores  of  Gaul  and 
Germany  with  large  fleets,  and  their  king,  Godfrid,  planned 
the  conquest  of   Germany  itself.     He  already  claimed  the 
Frisians  and  Saxons  as  his  subjects,  and  had  subjected  the 
Abodriti  and  made  them  tributary.     He  even  boasted  that 
he  would  shortly  proceed  to  Aachen  and  attack  Karl  him- 
self.   And  indeed  there  was  real  danger  that  he  might  under- 
take this,  but  he  was  slain  by  one  of  his  own  followers  and 
the  danger  passed. 


To.  7]  THE  EMPIRE  TO   1073  43 

15.  These  are  the  wars  waged  by  this  mighty  king  dur- 
ing the  forty-seven  years  of  his  reign.     Through  his  con- 
quests the  kingdom  of  the  Franks  as  he  had  received  it  from 
his  father  Pippin  was  almost  doubled  in  area.     When  he 
came  to  the  throne  it  included  only  a  part  of  Gaul  and  of 
Germany;  in  Gaul,  that  part  bounded  by  the  ocean  [Atlan- 
tic], the  Rhine,  the  Loire,  and  the  Balearic  Sea  [Mediter- 
ranean] ;  in  Germany,  that  part  bounded  by  the  Rhine,  the 
Danube,  the  land  of  the  Saxons,  and  the  Saale,     . 

with  the  overlordship  of  Bavaria  and  Alamannia.  Karl  added 
by  his  wars  Aquitaine  and  Gascony;  the  Pyrenees  and  the 
land  south  to  the  Ebro;  .  .  .all  of  Italy  as  far  south 
as  lower  Calabria;  .  .  .  Saxony,  which  forms  a  con- 
siderable part  of  Germany ;  .  Pannonia  and  Dacia ; 
Istria,  Liburnia,  and  Dalmatia,  except  the  maritime  cities 
which  were  allied  with  the  emperor  of  Constantinople;  and, 
finally,  all  the  barbarous  tribes  inhabiting  Germany,  between 
the  Rhine,  the  Danube,  the  Vistula,  and  the  ocean  [Baltic], 
.  of  whom  the  most  important  are  the  Welatabi,  the 
Sorabi,  the  Abodriti,  and  the  Bohemians. 

16.  The  glory  of  his  reign  was  also  greatly  enhanced  by 
his  alliances  and  friendships  with  foreign  kings  and  peoples. 
Thus  Aldefonso,  king  of  Gallicia  and  Asturia,7  was  his  ally, 
and  spoke  of  himself  by  letters  and  ambassadors  as  the  man 
of  Karl.    The  kings  of  the  Scots  also  were  wont  to  address 
him  as  master,  calling  themselves  his  subjects  and  servants, 
of  which  expressions  there  are  evidences  in  letters  still  exist- 
ing which  they  have  written  to  him.     He  was  also  in  close 
relations  with  Aaron  [Haroun-al-Raschid],8  king  of  the  Per- 
sians, who  ruled  almost  all  of  the  east  outside  of  India,  and 
who  always  expressed  the  greatest  friendship  and  admiration 
for  Karl.    On  one  occasion,  when  Karl  sent  an  embassy  with 
gifts  for  the  holy  sepulchre  of  our  Lord  and  Saviour,  he  not 
only  permitted  them  to  fulfil  their  mission,  but  even  made 
a  present  of  that  holy  spot  to  Karl,  to  rule  as  his  own.    And 


44    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

when  the  embassy  of  Karl  returned,  it  was  accompanied  by 
ambassadors  from  Aaron,  bearing  presents  of  fine  robes, 
spices,  and  other  eastern  treasures.  A  few  years  before  he 
sent  to  Karl  at  his  request  an  elephant  which  was  the  only 
one  he  at  that  time  possessed.  The  emperors  of  Constan- 
tinople, Nicephorus,  Michael,  and  Leo,  were  his  friends  and 
allies  and  sent  many  embassies  to  him.  Even  when  they 
suspected  him  of  desiring  to  seize  their  empire,  because  he 
took  the  title  of  emperor,  they  nevertheless  entered  into 
alliance  with  him,  to  avoid  a  rupture. 

25.  He  was  very  eloquent  and  could  express  himself 
clearly  on  any  subject.  He  spoke  foreign  languages  besides 
his  own  tongue,  and  was  so  proficient  in  Latin  that  he  used 
it  as  easily  as  his  own  language.  Greek  he  could  understand 
better  than  he  could  speak.  .  .  .  He  was  devoted  to  the 
study  of  the  liberal  arts  and  was  a  munificent  patron  of 
learned  men.  Grammar  he  learned  from  Peter,  an  aged 
deacon  of  Pisa;  in  the  other  studies  his  chief  instructor  was 
Alcuin,  a  Saxon  from  England,  also  a  deacon,  and  the  most 
learned  man  of  his  time.  With  him  he  studied  rhetoric, 
dialectic,  and  especially  astronomy.  ...  He  tried  also 
to  learn  to  write,  keeping  tablets  under  the  pillow  of  his 
couch  to  practise  on  in  his  leisure  hours.  But  he  never 
succeeded  very  well,  because  he  began  too  late  in  life.9 

28.  His  last  visit  to  Eome  was  made  because  the  Eomans 
had  attacked  and  injured  pope  Leo,  tearing  out  his  eyes  and 
tongue,  and  had  thus  forced  the  pope  to  ca.ll  on  the  king 
for  aid.  And  having  come  to  Rome  to  restore  the  church 
which  had  greatly  suffered  during  the  strife,  he  remained 
there  all  winter.  It  was  during  this  time  that  he  received 
the  title  of  emperor  and  Augustus,  to  which  he  was  at  first 
so  averse,  that  he  was  wont  to  say  that  he  would  never  have 
entered  the  church  on  that  day,  although  it  was  a  great  feast 
day  [Christmas],  if  he  had  foreseen  the  plan  of  the  pope. 
But  his  great  patience  and  magnanimity  finally  overcame 


No.  7]  THE  EMPIRE  TO   1073  45 

the  envy  and  hatred  of  the  Roman  emperors  [of  the  east], 
who  were  indignant  at  his  receiving  the  title.  This  he  did 
by  sending  them  frequent  embassies  and  addressing  them  in 
his  letters  as  brothers.10 

29.  After  he  became  emperor  he  undertook  a  revision  of 
the  laws  of  his  empire,  which  were  very  defective,  for  the 
Franks  had  two   laws   [Salic  and   Ripuarian]    differing  in 
many  points  from  one  another.    But  he  was  never  able  to  do 
more  than  to  complete  the  various  laws  with  a  few  additional 
sections  and  cause  all  the  unwritten  laws  to  be  put  into  writ- 
ing.   He  also  wrote  down  for  preservation  the  ancient  German 
songs,  in  which  the  wars  and  adventures  of  old  heroes  are 
celebrated.     He  began  also  to  make  a  grammar  of  his  native 
tongue. 

30.  ...    While  he  was  spending  the  winter  in  Aachen, 
he  was  taken  with  a  severe  fever,  which  the  Greeks  call  pleu- 
risy, and  died  there  on  Tuesday,  the  fifth  of  the  Kalends  of 
February   [January  28],  in  the  seventy-second  year  of  his 
age  and  the  forty-seventh  of  his  reign. 

31.  On  the  same  day  his  body  was  prepared  for  burial 
and  borne  to  the  church  of  the  Virgin  Mary,  which  he  had 
founded,  in  the  midst  of  the  lamentation  of  all  his  people, 
and  there  laid  to  rest.     Over  his  tomb  was  erected  an  arch, 
covered  with  gold,  and  having  his  image  and  this  inscription 
on  it :  "  Under  this  tomb  lies  the  body  of  Karl,  the  great 
and  orthodox  emperor,  who  greatly  increased  the  kingdom 
of  the  Franks  and  ruled  gloriously  for  forty-seven  years. 
He  died  when  over  seventy  years  of  age,  in  the  year  of  our 
Lord  814,  the  7th.  indiction,  on  the  fifth  of  the  Kalends 
of  February." 

i  In  the  late  Merovingian  period  the  outlying  parts  of  the  king- 
dom had  become  practically  independent  under  native  rulers,  called 
dukes.  One  of  the  first  things  undertaken  by  the  rulers  of  the  new 
line  was  the  reduction  of  these  great  provinces  to  subjection  as  a 
necessary  step  in  the  restoration  of  the  central  authority.  Much 


46    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

was  accomplished  in  this  direction  by  the  mayors,  Pippin  the  Younger 
(688-714)  and  Karl  Martel  (714-741),  who  attacked  the  Frisians, 
the  dukes  of  Aquitaine,  Bavaria,  and  Alamannia.  But  the  work  had 
to  be  done  over  and  over,  and  indeed  was  never  permanently  accom- 
plished. In  Aquitaine  Pippin  the  Short,  king  from  751  to  768,  had 
several  conflicts  with  the  dukes  of  Aquitaine,  Hunold  and  his  son 
Waifer.  This  is  the  struggle  which  Karl  brought  to  an  end  as  here 
related. 

2  Pippin  had  begun  his  war  upon  the  Lombards  for  the  purpose 
of  freeing  the  papal  domains  from  their  attacks.     The  Lombards  had 
conceived  the  ambitious  plan  of  possessing  all  Italy,  and  under  their 
kings  Liutprand,  Aistulf,  and  Desiderius  had  begun  to  carry  it  out 
by  attacking  the  exarchate  of  Ravenna  and  the  lands  held  by  the 
pope.     Pippin  had  forced  Aistulf  to  give  up  his  conquests    (chiefly 
the  exarchate )  and  had  given  that  territory  to  the  pope  ( see  no.  45 ) . 
Karl  was  called  into  Italy  to  defend  the  pope  against  a  new  attack 
by  Desiderius,  and  put  a  definite  end  to  this  danger  by  conquering 
the   Lombard   kingdom  and   adding  it  to  his  own  rule.     This   is  a 
further  stage  in  the  connection  between  the  popes  and  the  emperor, 
between  Germany  and  Italy. 

3  The  war  against  the  Saxons  and  their  conquest  practically  com- 
pleted the  unification  of  the  German  tribes  on  the  continent,  there 
remaining  outside  of  the  empire  of  Karl  only  the  Scandinavian  peo- 
ples in  the  north  and  the  Angles  and  Saxons  in  England.    By  the  con- 
quest of  the  Saxons  a  vigorous  race  of  pure  German  blood  was  added 
to  the  empire ;  their  addition  tended  to  increase  the  differences  between 
the  German  and  the  Gallic  portions  of  the  empire,  which  was  the  nat- 
ural basis  of  the  division  between  France  and  Germany.     The  Saxons 
in  the  tenth  and  eleventh  centuries  were  perhaps  the  chief  race  of 
the  German  kingdom,  furnishing  the  rulers  from  the  accession  of 
Henry  I  in  919  to  the  death  of  Henry  II  in  1024.     Karl's  insistence 
upon  the  conversion  of  the  Saxons  to  Christianity  is  in  line  with 
the  policy  of  his  predecessors  to  Christianize  all  the  Germans. 

*  The  chief  interest  of  this  passage  lies  in  the  fact  that  it  is 
the  historical  basis  of  the  great  French  epic,  the  Chanson  de  Roland. 
Einhard  mentions  the  death  of  three  men  in  this  attack  as  of  special 
note;  one  of  them  was  Hrotland,  count  of  the  mark  of  Brittany,  the 
Roland  of  the  poem. 

5  The  overthrow  of  Tassilo,  duke  of  Bavaria,  is  a  part  of  the  policy 
of  Karl  to  reduce  the  great  duchies  to  control.  In  order  to  keep 
these  outlying  provinces  in  subjection  and  to  govern  them  efficiently 
Karl  divided  them  into  counties  over  which  he  placed  officials  de- 


No.  7]  THE  EMPIRE  TO   1073  47 

pendent  directly  upon  himself  and  not  upon  a  duke.  This  policy 
was  carried  out  in  Alamannia,  Aquitaine,  and  Saxony  as  well,  the 
purpose  being  to  prevent  the  formation  of  independent  power  in  the 
large  divisions  of  the  empire.  It  was  successful  under  Karl,  but 
later  the  civil  wars  among  his  descendants  gave  opportunity  for 
the  rise  of  similar  great  rulers  in  the  same  provinces  (see  nos.  24 
and  25 ) . 

6  The  Avars  had  come  into  Europe  in  the  middle  of  the  sixth 
century,  along  the  Danube.  After  the  Lombards  moved  into  Italy 
the  Avars  occupied  the  whole  Danube  valley  from  Vienna  to  the 
mouth  of  the  river.  The  kingdom  of  the  Khan  of  the  Avars  probably 
included  the  remnants  of  the  Hunnish  empire  and  of  the  German 
tribes  that  had  been  subject  to  the  Huns. 

'  The  kingdom  of  Gallicia  and  Asturia  was  one  of  the  small 
Christian  states  in  Spain  composed  of  the  former  inhabitants  that 
had  retreated  in  large  numbers  to  the  mountains  in  the  north  and 
west  at  the  time  of  the  Mohammedan  invasion  (711-720).  From 
these  regions  they  later  slowly  won  back  the  land  from  the  Moham- 
medans. 

8  Haroun-al-Raschid  was  Caliph  of  the  Mohammedan  world  from 
786-809,  with  his  capital  at  Bagdad.  His  caliphate  is  the  golden 
age  of  the  Mohammedans  reflected  in  the  "Arabian  Nights."  The 
connection  of  Karl  with  Haroun  and  especially  the  negotiations  men- 
tioned here  in  regard  to  Jerusalem  gave  rise  to  the  later  legends 
concerning  the  crusades  of  Karl. 

» The  reign  of  Karl  is  sometimes  spoken  of  as  the  Carolingian 
Renaissance,  because  of  the  revived  interest  in  letters  and  learning 
that  took  its  impulse  from  the  court  of  Karl.  Here  was  the  famous 
"palace  school"  that  included  such  persons  as  Alcuin,  Angilbert, 
Einhard,  Peter  of  Pisa,  Paul  the  Lombard,  etc.  The  results  of  the 
movement  were  seen  in  the  writings  of  the  time:  Einhard's  Annals 
and  Vita;  the  History  of  the  Lombards,  by  Paul;  the  poems  and 
letters  of  Angilbert,  etc.;  in  the  formation  of  the  monastery  and 
cathedral  schools,  and  the  better  learning  of  the  monks  and  clergy; 
in  the  attempts  of  Karl  to  revise  the  texts  of  the  Scriptures  and 
to  make  new  text-books;  and  in  the  theological  discussions  of  the 
ninth  century.  Evidences  of  this  movement  are  seen  also  in  some 
of  the  letters  of  Karl  that  are  translated  below. 

1°  See  the  note  on  the  coronation  of  Karl,  no.  8.  The  state- 
ment of  Einhard  that  Karl  was  displeased  at  this  action  of  the  pope 
has  caused  considerable  discussion;  the  reason  probably  was  that 
he  was  unwilling  to  arouse  the  ill-will  of  the  eastern  emperors,  who 


48 

would  undoubtedly  regard  the  assumption  of  the  imperial  crown  by 
Karl  as  an  infringement  of  their  authority  and  position.  See  also 
nos.  13  and  14. 

8.  THE  IMPERIAL  CORONATION  or  KARL  THE  GREAT,  800. 

Duchesne,  Liber  Pontificalis,  II,  7. 

Since  476  there  had  been  no  emperor  in  the  west,  and  the  emperor 
at  Constantinople  had  lost  control  of  that  part  of  the  Roman  empire. 
The  west,  however,  still  regarded  itself  as  a  part  of  the  one  great 
empire.  The  coronation  of  Karl  the  Great  in  800  is  the  famous 
translatio  imperil,  the  transfer  of  the  empire,  by  which  according 
to  the  papal  theory  the  crown  of  the  Roman  empire  was  taken  by 
ihe  pope  from  the  emperors  at  Constantinople,  and  conferred  upon 
the  king  of  the  Franks.  From  this  point  of  view  it  was  the  final 
act  in  the  rebellion  of  the  popes  from  the  control  of  the  emperors 
of  the  east.  From  the  point  of  view  of  Frankish  history,  it  was  the 
culmination  of  the  connection  between  the  popes  and  the  king  of 
the  Franks  begun  with  the  coronation  of  Pippin  (see  no.  6  and 
note ) . 

After  this,  on  Christmas  day,  all  gathered  together  in 
the  aforesaid  church  of  St.  Peter  and  the  venerable  pope 
crowned  Karl  with  his  own  hands  with  a  magnificent  crown. 
Then  all  the  Romans,  inspired  by  God  and  by  St.  Peter, 
keeper  of  the  keys  of  heaven,  and  recognizing  the  value  of 
Karl's  protection  and  the  love  which  he  bore  the  holy  Eoman 
church  and  the  pope,  shouted  in  a  loud  voice :  "  Long  life 
and  victory  to  Karl,  the  pious  Augustus  crowned  of  God, 
the  great  and  peace-bringing  emperor."  The  people,  calling 
on  the  names  of  all  the  saints,  shouted  this  three  times,  be- 
fore the  holy  confession  of  St.  Peter,  and  thus  he  was  made 
emperor  of  the  Romans  by  all.  Then  the  pope  anointed 
Karl  and  his  son  with  the  holy  oil. 

9.  GENERAL  CAPITULARY  ABOUT  THE  MISSI,  802. 

M.  G.  LL.  4to,  II,  1,  no.  33;  Altmann  und  Bernheim,  no.  2. 

The  attempts  of  Karl  to  create  a  permanent  central  government 
are  reflected  in  the  great  amount  of  legislation  which  has  come  down 


No.  9]  THE  EMPIRE  TO   1073  49 

to  us  from  his  reign.  This  legislation  is  mainly  in  the  form  of 
capitularies,  i.e.,  edicts  or  instructions,  covering  a  wide  range  of  sub- 
jects and  interests.  The  general  capitulary  of  the  year  802,  a  por- 
tion of  which  is  translated  here,  was  issued  by  Karl  after  his  im- 
perial coronation  and  his  return  from  Italy.  It  embodied  a  great 
number  of  instructions  to  his  officials  and  subjects  in  regard  to  their 
relation  to  him  in  his  new  capacity  as  emperor.  The  publication  and 
the  enforcement  of  these  instructions  were  intrusted  to  the  missi, 
who  appear  now  for  the  first  time  as  regular  officials  of  the  empire. 
These  officials  were  chosen  from  the  counsellors,  officials,  and  great 
men  of  the  court,  both  ecclesiastic  and  secular,  and  were  assigned 
to  definite  districts,  two  missi  to  each  district.  The  districts  were 
large  administrative  divisions  of  the  empire  including  many  counties 
( the  regular  divisions ) ,  and  the  two  missi  were  to  travel  through 
the  district  assigned  to  them,  looking  into  the  general  condition  of 
the  people,  the  administration  of  local  officials,  the  condition  of  the 
royal  lands,  etc.  They  held  four  public  courts  a  year  in  their  dis- 
trict, at  which  they  heard  complaints,  tried  cases,  etc.  They  had 
authority  to  control  the  regular  officials  and  to  depose  them  if  neces- 
sary. They  were  supposed  to  report  to  the  emperor  the  condition 
of  the  empire  and  to  refer  to  him  such  cases  as  they  were  not  able 
to  decide.  By  means  of  these  officials  Karl  kept  in  closer  touch  with, 
and  maintained  a  firmer  hold  upon,  the  various  parts  of  his  empire 
than  was  possible  merely  by  his  own  oversight  over  the  counts,  and 
at  the  same  time  avoided  the  other  danger  of  creating  independent 
rulers  in  the  large  districts,  by  changing  the  missi  every  year. 

• 

1.  Concerning  the  representatives  sent  out  by  the  em- 
peror. The  most  serene  and  Christian  emperor,  Karl,  chose 
certain  of  the  ablest  and  wises  Tnen  among  his  nobles,  arch- 
bishops, bishops,  abbots,  and  pious  laymen,  and  sent  them 
out  through  his  realm,  and  through  these,  his  representa- 
tives, he  gave  his  people  rules  to  guide  them  in  living  justly. 
He  ordered  these  men  to  investigate  and  to  report  to  him 
any  inequality  or  injustice  that  might  appear  in  the  law  as 
then  constituted,  that  he  might  undertake  its  correction. 
He  ordered  that  no  one  should  dare  to  change  the  prescribed 
law  by  any  trickery  or  fraud,  or  to  pervert  the  course  of 
justice  for  his  own  ends,  as  many  were  wont  to  do,  or  to 
deal  unjustly  with  the  churches  of  God,  with  the  poor  or 


50    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  widows  and  orphans,  or  with  any  Christian  man.  But 
he  commanded  all  men  to  live  righteously  according  to  the 
precepts  of  God,  and  to  remain  each  in  his  own  station  and 
calling;,  the  regular  clergy  to  observe  the  rules  of  monastic 
life  without  thought  of  gain,  nuns  to  keep  diligent  watch 
over  their  lives,  laymen  to  keep  the  law  justly  without  fraud, 
and  all,  finally,  to  live  together  in  perfect  peace  and  charity. 
And  he  ordered  his  missi,  as  they  desired  to  win  the  favor 
of  Almighty  God  and  keep  the  faith  which  they  had  prom- 
ised him,  to  inquire  diligently  into  every  case  where  any  man 
complained  that  he  had  been  dealt  with  unjustly  by  anyone, 
and  in  the  fear  of  God  to  render  justice  to  all,  to  the  holy 
churches  of  God,  to  the  poor,  to  widows  and  orphans,  and 
to  the  whole  people.  And  if  any  case  arises  which  they  can 
not  correct  and  bring  to  justice  with  the  aid  of  the  local 
counts,  they  are  to  make  a  clear  report  of  it  to  the  emperor. 
They  are  not  to  be  hindered  in  the  doing  of  justice  by  the 
flattery  or  bribery  of  anyone,  by  their  partiality  for  their 
own  friends,  or  by  the  fear  of  powerful  men. 

2.  The  oath  of  fidelity  to  the  emperor.    He  has  also  com- 
manded that  every  man  in  his  kingdom,  clergyman  or  lay- 
man, who  has  already.taken  the  oath  of  fidelity  to  him  as 
king,  shall  now  renew  it  to  him  as  emperor;  and  that  all 
persons  over  twelve  years  of  age  who  have  not  yet  taken  the 
oath  shall  do  so  now.    The  nature  and  extent  of  the  promise 
should  be  made  known  to  all,  for  it  includes  not  only,  as 
some  think,  a  promise  of  fidelity  to  the  emperor  for  this  life, 
and  an  engagement  not  to  bring  any  enemy  into  the  king- 
dom nor  to  take  part  in  or  conceal  any  infidelity  to  him, 
but  includes  all  the  following: 

3.  First,  that  each  one  shall  strive  with  all  his  mind  and 
strength  on  his  own  account  to  serve  God  according  to  the 
commandments  and  according  to  his  own  promise,  for  the 
emperor  is  not  able  to  give  the  necessary  care  and  oversight 
to  all  his  people. 


No.  10]  THE  EMPIRE  TO   1073  51 

4.  Second,  that  no  one  shall  ever  wrongfully  claim,  take, 
or  conceal  anything  that  belongs  to  the  emperor,  such  as 
lands  or  slaves,  by  perjury  or  fraud,  or  through  partiality 
or  bribery;  and  that  no  one  shall  take  or  conceal  fugitive 
serfs  from  the  royal  lands,  by  perjury  or  fraud.     .     .     . 

5.  That  no  one  shall  do  any  violence  or  harm  to  the  holy 
churches  of  God,  to  widows  and  orphans,  or  to  strangers; 
for  the  emperor,  after  God  and  his  saints,  is  constituted 
their  special  protector.     .    .     . 

10.     SELECTIONS  FROM  THE  MONK  OF  ST.  GALL. 

Monachus  Sangallensis,  M.  G.  SS.  folio,  II,  pp.  731  ff. 

The  following  documents,  nos.  10-12,  are  intended  to  illustrate 
the  interest  and  activity  of  Karl  in  the  revival  of  learning  in  his 
realm.  See  also  no.  7,  Einhard's  Life  of  Karl,  ch.  25.  The  disap- 
pearance of  classical  culture  in  the  west  through  the  disorders  inci- 
dent upon  the  decline  of  the  Roman  empire,  the  migrations,  and  the 
civil  wars  of  the  Merovingian  period,  was  shown  not  only  in  the 
general  ignorance  among  the  common  people,  but  also  in  the  decline 
of  learning  and  culture  in  the  church.  The  selection  from  the  Monk 
of  St.  Gall  throws  light  upon  the  palace  school  of  Karl  and  his 
court,  the  other  numbers  illustrate  the  interest  of  Karl  in  the  educa- 
tion of  the  clergy  and  the  reformation  of  the  church  services.  The 
Monk  of  St.  Gall  is  the  unknown  author  of  a  chronicle  account  of 
the  life  and  times  of  Karl,  written  in  the  latter  part  of  .the  ninth 
century.  It  contains  many  tales  and  stories  which  are  popular  and 
in  part  legendary,  showing  how  the  figure  of  Karl  was  being  mag- 
nified in  the  imagination  of  posterity. 

I,  2.  When  Albinus  (Alcuin),  who  was  an  Englishman, 
learned  of  the  great  favor  with  which  Karl  received  wise 
men,  he  took  ship  and  came  over  to  him.  This  man  was 
the  most  learned  of  all  men  of  recent  times  in  the  holy  writ, 
being  the  pupil  of  the  learned  priest  Beda,  who  was  the 
greatest  commentator  on  the  scriptures  since  St.  Gregory 
[I].  Karl  kept  him  at  his  side  continually  until  his  death, 
save  for  occasions  when  the  emperor  was  at  war.  The  em- 
peror was  always  desirous  of  being  known  as  the  pupil  of 


52    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Alcuin.  He  also  gave  him  the  monastery  of  Tours  to  serve 
as  a  source  of  revenue  during  his  own  absence  and  as  a  place 
where  Alcuin  might  live  and  instruct  the  scholars  who  sought 
him.  His  teaching  bore  such  fruit  among  the  Gauls  and 
Franks  that  they  approached  the  ancient  Romans  and  Athe- 
nians in  learning. 

3.  Now  when  the  most  victorious  Karl  after  a  long  ab- 
sence returned  to  Gaul  he  ordered  the  boys  whom  he  had 
intrusted  to  Clement  to  come  to  him  and  show  him  their 
letters  and  verses.  And  the  youths  of  lowly  birth  showed 
him  writings  adorned  with  all  the  graces  of  learning,  beyond 
what  had  been  expected,  but  the  youths  of  noble  rank  pre- 
sented trivial  and  worthless  specimens.  Then  the  wise 
Karl,  imitating  the  justice  of  the  eternal  judge,  separated 
the  youths  into  two  divisions  and  placed  those  who  had  done 
well  on  his  right  hand  and  addressed  them  thus :  "  Receive 
my  thanks,  children,  for  you  have  been  zealous  in  obeying 
my  orders  and  in  improving  yourselves.  Strive  now  to  per- 
fect yourselves,  and  I  will  give  you  the  best  bishoprics  and 
monasteries,  and  will  ever  hold  you  in  my  favor."  Then 
turning  a  severe  countenance  upon  those  on  his  left  hand, 
and  striking  terror  into  their  hearts  with  his  piercing  eye, 
he  hurled  these  ironical  words  at  them  in  a  voice  of  thun- 
der :  "  You  nobles,  you  sons  of  prominent  men,  you  delicate 
and  handsome  youths !  Relying  on  your  birth  and  wealth, 
and  caring  nothing  for  our  commands  or  for  your  own  im- 
provement, you  have  neglected  the  study  of  letters,  and  have 
indulged  yourselves  in  pleasures  and  idleness  and  empty 
games."  Then,  lifting  up  his  august  head  and  raising  his 
unconquered  right  hand  to  heaven,  he  thundered  forth  at  them 
with  his  usual  oath:  "By  the  King  of  heaven,  I  care  little 
for  your  noble  birth  and  your  beauty,  though  others  may 
admire  you  for  them ;  know  this,  that  unless  you  straightway 
make  up  for  your  former  negligence  by  earnest  study,  you 
need  never  expect  any  favor  from  the  hand  of  Karl." 


No.  10]  THE  EMPIRE  TO   1073  53 

28.  Such  peace  as  the  mighty  emperor  Karl  was  able 
to  secure,  he  was  not  content  to  spend  in  idleness,  but  devoted 
it  to  the  service  of  God.  Thus  he  undertook  to  build,  in 
Germany,  a  church  after  his  own  plan,  which  should  surpass 
the  ancient  buildings  of  the  Eomans.  ,  .  .  The  over- 
sight he  intrusted  to  a  certain  abbot,  not  knowing  his  cun- 
ning. But  whenever  the  emperor  was  absent,  the  abbot  would 
allow  some  of  the  laborers  to  purchase  their  release  for 
money,  but  those  who  were  unable  to  pay  for  this,  or  who 
were  not  permitted  to  leave  by  their  masters,  he  oppressed 
with  continual  tasks,  as  the  Egyptians  once  oppressed  the 
people  of  God,  so  that  they  had  scarcely  any  rest.  By  this 
means  he  gathered  together  an  immense  treasure  of  gold  and 
silver  and  silken  hangings.  .  .  .  Suddenly  he  was  in- 
formed that  his  house  was  on  fire.  Hastening  home  he  broke 
through  the  flames  into  the  chamber  where  he  kept  the  chests 
of  gold.  Seizing  two  of  these,  one  on  each  shoulder  (for  he 
was  not  satisfied  with  saving  just  one),  he  tried  to  escape  by 
the  door.  But  a  great  beam,  burned  in  two  by  the  fire,  fell 
upon  him  and  killed  him,  his  body  being  destroyed  by  ter- 
restrial flames,  but  his  soul  despatched  to  that  fire  which  was 
not  kindled  by  mortal  hands  [the  flames  of  hell].  Thus 
the  judgment  of  God  watched  over  the  interests  of  Karl, 
whenever  the  cares  of  the  empire  prevented  him  from  look- 
ing after  them  himself. 

•  II,  1.  Adalbert  told  me  about  the  defenses  of  the  Huns 
[Avars].  "The  land  of  the  Huns,"  he  said,  "was  sur- 
rounded with  nine  rings.  .  .  .  The  distance  from  the 
first  to  the  second  ring  was  as  far  as  from  Zurich  to  Con- 
stance; the  outer  ring  was  composed  of  oak,  beech,  and  pine 
trees,  and  was  twenty  feet  across  and  twenty  feet  high,  the 
space  in  between  the  trees  being  filled  with  stones  and  clay, 
and  the  outer  surface  covered  with  thick  sod. 
Within  these  [the  first  and  second]  rings  the  villages  were  so 
arranged  that  the  voice  of  a  man  could  be  heard  from  one  to 


54    SOURCE  BOOK  FOR  MEDLEY AL  HISTORY 

another.  .  .  .  The  distance  from  the  second  to  the 
third  ring  was  ten  German  miles,  which  equal  forty  Italian 
miles,  and  so  on  to  the  ninth,  although,  of  course,  each  suc- 
ceeding ring  was  narrower  [contained  less  land]  than  the  one 
preceding  it.  The  fortifications  and  dwellings  within  each 
ring  were  so  situated  that  a  signal  from  a  horn  could  be  heard 
from  any  one  of  them.  In  this  defense  the  riches  of  the  west 
had  been  gathered  together  for  more  than  two  hundred  years 
.  but  the  victorious  Karl  was  able  in  eight  years  so 
completely  to  conquer  the  Huns,  that  not  a  trace  of  them 
is  left." 

9.  Aaron  [Haroun]  recognized  by  this  incident  the  might 
of  Karl,  and  spoke  [to  Karl's  ambassadors]  these  words  of 
praise:  "Now  I  understand,  how  true  are  the  things  which 
I  have  heard  about  my  brother  Karl ;  how  he  js  accustomed 
by  his  ceaseless  efforts  and  unwearied  striving  to  make  every- 
thing under  the  sun  serve  as  a  means  of  discipline  for  his 
body  and  his  mind.  What  can  I  send  back  that  will  be 
worthy  of  him  who  has  so  honored  me  ?  If  I  should  give  him 
the  land  of  Abraham  which  was  given  to  Joshua,  he  would 
not  be  able  to  defend  it,  because  of  its  distance  from  him; 
or  if  he  determined  in  his  magnanimity  to  defend  it,  I  fear 
that  the  neighboring  provinces  would  revolt  in  his  absence 
from  the  Frankish  rule.  Nevertheless  I  will  try  to  equal  him 
in  generosity  by  this  means:  I  will  give  him  authority  over 
that  land,  and  I  will  act  as  his  representative  in  it;  he  may 
send  ambassadors  to  me  when  it  pleases  him  or  is  convenient 
for  him,  and  he  will  find  that  I  am  the  most  faithful  de- 
fender of  the  incomes  of  that  land."1 

1  Notice  the  popular  or  legendary  character  of  these  stories.  They 
are  just  such  tales  as  would  grow  up  among  the  people  around  a 
figure  like  that  of  Karl.  Compare  the  stories  of  the  conquest  of  the 
Avars  and  the  embassy  to  Haroun  in  Einhard  (no.  7,  chs.  13  and  16), 
with  the  same  stories  here.  The  circumstantial  details  are  in  all 
probability  added  by  popular  tradition. 


No.  11]  THE  EMPIRE  TO   1073  55 

ii.  LETTER  OF  KARL  THE  GREAT  TO  BAUGULF,  ABBOT 
OF  FULDA,  787. 

Jaffe,  IV,  pp.  343  ft. 

Karl,  by  the  grace  of  God  king  of  the  Franks  and  the 
Lombards  and  patricius  of  the  Romans,  sends  loving  greet- 
ing in  the  name  of  omnipotent  God  to  abbot  Baugulf,  and 
to  the  household  of  monks  committed  to  his  charge.  Know 
that  we,  with  the  advice  of  our  faithful  subjects,  have  re- 
garded it  as  important  that  in  the  bishoprics  and  monas- 
teries of  our  realm  those  who  show  themselves  apt  in  learn- 
ing should  devote  themselves  to  study,  in  addition  to  their 
regular  duties  as  monks.  For  as  the  observance  of  monastic 
rules  promotes  good  morals  and  character,  so  also  the  prac- 
tice of  teaching  and  learning  develops  a  pure  and  agreeable 
style.  Let  those  who  seek  to  please  God  by  living  uprightly, 
seek  to  please  Him  also  by  speaking  correctly.  For  it  is 
written :  "  By  thy  words  thou  shalt  be  justified,  and  by  thy 
words  thou  shalt  be  condemned"  [Matt.  12:37].  For  al- 
though well-doing  is  more  important  than  knowledge,  never- 
theless knowledge  must  precede  action.  .  .  .  We  have  been 
led  to  write  of  this,  because  we  have  frequently  received 
letters  from  monks  in  which  they  make  known  to  us  what 
they  are  praying  for,  and  in  these  letters  we  have  recognized 
correct  sentiments,  but  an  uncouth  style  and  language.  The 
sentiments  inspired  in  them  by  their  devotion  to  us  they 
could  not  express  correctly,  because  they  had  neglected  the 
study  of  language.  Therefore  we  have  begun  to  fear  lest, 
just  as  the  monks  appear  to  have  lost  the  art  of  writing,  so 
also  they  may  have  lost  the  ability  to  understand  the  Holy 
Scriptures;  and  we  all  know  that,  though  mistakes  in  words 
are  dangerous,  mistakes  in  understanding  are  still  more  so. 
Therefore  we  urge  you  to  be  diligent  in  the  pursuit  of  learn- 
ing, and  to  strive  with  humble  and  devout  minds  to  under- 
stand more  fully  the  mysteries  of  the  Holy  Scriptures.  For 


56    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

it  is  well  known  that  the  sacred  writings  contain  many 
rhetorical  figures,  the  spiritual  meaning  of  which  will  be 
readily  apprehended  only  by  those  who  have  been  instructed 
in  the  study  of  letters.  And  let  those  men  be  chosen  for 
this  work  who  are  able  and  willing  to  learn  and  who  have 
the^desire  to  teach  others.  And  let  this  be  done  in  the  spirit 
in  which  we  have  recommended  it.  For  we  desire  that  you, 
as  becomes  your  station,  shall  be  both  devout  and  learned, 
both  chaste  in  life  and  correct  in  speech.  Thus  when  any- 
one shall  be  moved  by  your  reputation  for  devotion  and  holi- 
ness, and  shall  desire  to  see  you,  he  may  be  both  edified  by 
your  appearance  and  instructed  by  your  learning,  which  shall 
appear  in  your  reading  and  singing;  and  so  he  may  go  away 
rejoicing  and  giving  thanks  to  God.  Do  not  fail  to  send 
copies  of  this  letter  to  all  your  suffragans  and  fellow-bishops 
and  all  the  monasteries,  if  you  desire  our  favor. 

12.  LETTER  OF  KARL  THE  GREAT  IN  REGARD  TO  THE 
TWO  BOOKS  or  SERMONS  PREPARED  BY  PAUL  THE  DEACON, 
ca.  790. 

Jaff<§,  IV,  pp.  372  f . 

Karl,  by  the  aid  of  God  king  of  the  Franks  and  Lom- 
bards and  patricius  of  the  Romans,  to  the  clergy  of  his 
realm.  .  .  .  Now  since  we  are  very  desirous  that  the 
condition  of  our  churches  should  constantly  improve,  we  are 
endeavoring  by  diligent  study  to  restore  the  knowledge  of 
letters  which  has  been  almost  lost  through  the  negligence 
of  our  ancestors,  and  by  our  example  we  are  encouraging 
those  who  are  able  to  do  so  to  engage  in  the  study  of  the 
liberal  arts.  In  this  undertaking  we  have  already,  with  the 
aid  of  God,  corrected  all  the  books  of  the  Old  and  New  Tes- 
tament, whose  texts  had  been  corrupted  through  the  igno- 
rance of  copyists.  Moreover,  inspired  by  the  example  of 
our  father,  Pippin,  of  blessed  memory,  who  introduced  the 


No.  13]  THE  EMPIRE  TO   1073  57 

Koman  chants  into  the  churches  of  his  realm,  we  are  now 
trying  to  supply  the  churches  with  good  reading  lessons. 
Finally,  since  we  have  found  that  many  of  the  lessons  to  be 
read  in  the  nightly  service  have  been  badly  compiled  and 
that  the  texts  of  these  readings  are  full  of  mistakes,  and 
the  names  of  their  authors  omitted,  and  since  we  could  not 
bear  to  listen  to  such  gross  errors  in  the  sacred  lessons,  we 
have  diligently  studied  how  the  character  of  these  readings 
might  be  improved.  Accordingly  we  have  commanded  Paul 
the  Deacon,1  our  beloved  subject,  to  undertake  this  work; 
that  is,  to  go  through  the  writings  of  the  fathers  carefully, 
and  to  make  selections  of  the  most  helpful  things  from  them 
and  put  them  together  into  a  book,  as  one  gathers  occasional 
flowers  from  a  broad  meadow  to  make  a  bouquet.  And  he, 
wishing  to  obey  us,  has  read  through  the  treatises  and  ser- 
mons of  the  various  catholic  fathers  and  has  picked  out  the 
best  things.  These  selections  he  has  copied  clearly  without 
mistakes  and  has  arranged  in  two  volumes,  providing  read- 
ings suitable  for  every  feast  day  throughout  the  whole  year. 
We  have  tested  the  texts  of  all  these  readings  by  our  own 
knowledge,  and  now  authorize  these  volumes  and  commend 
them  to  all  of  you  to  be  read  in  the  churches  of  Christ. 

i  Paul  the  Deacon  was  a  Lombard  scholar  and  clergyman  who 
after  the  fall  of  the  Lombard  kingdom  was  invited  to  the  court  of 
Karl  and  became  one  of  his  circle.  Paul  is  the  author  of  the  only 
detailed  history  of  the  Lombards. 

13.  RECOGNITION  OF  KARL  BY  THE  EMPERORS  AT  CON- 
STANTINOPLE, 812. 

Annales  Laurissenses  et  Einhardi,  M.  G.  SS.  folio,  I,  p.  199. 

The  following  passages  throw  light  upon  the  statement  of  Einhard 
(no.  7,  ch.  28)  in  regard  to  the  relation  of  Karl  with  the  eastern 
emperors  after  his  imperial  coronation.  We  know  from  other  sources 
that  Karl  wished  to  acquire  the  title  of  emperor  and  that  he  had 
already  entered  into  negotiations  with  the  empress  Irene  looking 
to  a  peaceful  acquisition  of  it,  before  the  pope  gave  him  the  crown. 


58    SOURCE   BOOK  FOR  MEDIEVAL  HISTORY 

He  was  apparently  not  satisfied  with  his  position  until  he  obtained 
recognition  from  the  emperors  in  the  east,  whom  he  still  regarded 
as  the  legal  successors  of  the  Roman  emperors. 

The  emperor,  Nicephorus,  after  winning  many  notable  vic- 
tories in  Mcesia,  fell  in  battle  against  the  Bulgarians,  and  his 
son-in-law  Michael  was  made  emperor.  He  received  the  am- 
bassadors in  Constantinople  whom  Karl  had  sent  to  Niceph- 
orus  and  dismissed  them,  sending  back  to  Karl  with  them 
his  own  ambassadors,  Michael,  a  bishop,  and  Arsaphius  and 
Theognostus,  commanders  of  the  imperial  body-guard,  to 
confirm  the  treaty  which  had  been  proposed  in  the  time  of 
Nicephorus.  They  came  to  the  emperor  at  Aachen  and  re- 
ceived a  copy  of  the  treaty  from  him  in  the  church  of  Aachen. 
In  their  address  to  him  on  this  occasion,  which  they  delivered 
in  Greek,  they  called  him  emperor  and  basileus.  They  then 
proceeded  to  Rome  on  their  way  back,  and  received  a  copy 
of  the  treaty  from  the  pope  in  the  church  of  St.  Peter,  the 
apostle. 

14.    LETTER  OF  KARL  TO  EMPEROR  MICHAEL  I,  813. 

Jafite,  IV,  pp.  415  f. 

In  the  name  of  the  Father,  Son,  and  Holy  Spirit.  Karl, 
by  the  grace  of  God  emperor  and  Augustus,  king  of  the 
Franks  and  the  Lombards,  to  his  dear  and  honorable  brother, 
Michael,  glorious  emperor  and  Augustus,  eternal  greeting  in 
our  Lord  Jesus  Christ.  We  bless  and  praise  our  Lord  Jesus 
Christ  with  all  our  heart  and  strength  for  the  ineffable  gift 
of  his  kindness,  with  which  he  has  enriched  us.  For  he 
has  deigned  in  our  day  to  establish  that  peace  between  the 
east  and  the  west,  which  we  have  long  sought  for  and  have 
always  desired,  and,  in  answer  to  the  daily  prayers  which 
we  have  offered  to  him,  has  unified  the  holy  immaculate 
catholic  church  throughout  the  whole  world  and  given  it 
peace.  We  speak  of  this  peace  as  if  it  had  been  already 
brought  about,  for  we  have  done  our  part,  and  we  are  sure 


No.  15]  THE  EMPIRE  TO   1073  59 

you  are  willing  to  do  yours.  We  put  our  trust  in  God  who 
has  ordained  that  this  matter,  the  making  of  peace  between 
us,  should  be  carried  out;  for  he  is  faithful  and  true,  giv- 
ing his  aid  to  all  who  are  engaged  in  good  works,  and  he 
will  bring  •  to  perfection  this  work  which  we  have  begun. 
Desiring  now  to  bring  about  this  consummation,  we  have 
sent  you  our  legates,  Amalhar,  venerable  bishop  of  Trier, 
and  Peter,  abbot  of  the  monastery  of  Nonantula,  to  receive 
from  the  holy  altar  by  your  hands  a  copy  of  the  treaty  of 
peace,  bearing  the  signatures  of  your  priests,  patriarchs,  and 
nobles,  just  as  your  legates,  Michael,  venerable  metropolitan, 
and  Arsaphius  and  Theognostus,  commanders  of  the  royal 
body-guard,  received  the  copy  from  us,  with  our  signature 
and  the  signatures  of  our  priests  and  nobles.  .  .  . 

15.  LETTER  TO  LUDWIG  THE  Pious  CONCERNING  THE 
APPEARANCE  OF  A  COMET,  837. 

JaS6,  IV,  pp.  459  f. 

The  dissolution  of  the  empire  of  Karl  the  Great  began  in  the  reign 
of  his  son  and  successor,  Ludwig,  with  the  disintegration  of  the  pub- 
lic service  and  the  attacks  of  Northmen  and  Slavs  on  the  frontier. 
The  invasions  of  the  Northmen  are  mentioned  by  Einhard  as  occur- 
ring in  the  last  days  of  Karl  (no.  7,  chapter  14).  In  the  reigns 
of  Ludwig  and  his  successors  the  invaders  continually  ravaged  the 
shores  of  Gaul  and  northern  Germany  and  added  materially  to  the 
distress  of  the  period.  This  letter  refers  in  its  last  part  to  one  of 
these  raids,  but  it  is  interesting  chiefly  as  an  illustration  of  the 
mental  attitude  of  the  men  of  its  age. 

It  is  believed  by  almost  all  the  ancient  authorities  that 
the  appearance  of  new  and  unknown  heavenly  bodies  por- 
tends to  wretched  mortals  direful  and  disastrous  events, 
rather  than  pleasant  and  propitious  ones.  The  sacred  scrip- 
tures alone  tell  of  the  propitious  appearance  of  a  new  star; 
that  is,  that  star  which  the  wise  men  of  the  Chaldaeans  are 
said  to  have  seen  when,  conjecturing  from  its  most  brilliant 
light  the  recent  birth  of  the  eternal  king,  they  brought  with 


60    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

veneration  gifts  worthy  the  acceptance  of  so  great  a  lord. 
But  the  appearance  of  this  star  which  has  lately  arisen  is 
reported  by  all  who  have  seen  it  to  be  terrible  and  malignant. 
And  indeed  I  believe  it  presages  evils  which  we  have  de- 
served, and  foretells  a  coming  destruction  of  which  we  are 
worthy.  For  what  difference  does  it  make  whether  this  com- 
ing danger  is  foretold  to  the  human  race  by  man  or  angel 
or  star?  The  important  thing  is  to  understand  that  this 
appearance  of  a  new  body  in  the  heavens  is  not  without  sig- 
nificance, but  that  it  is  meant  to  forewarn  mortals  that  they 
may  avert  the  future  evil  by  repentance  and  prayers.  Thus 
by  the  preaching  of  the  prophet  Jonah  the  destruction  of 
the  city,  which  had  been  threatened  by  him,  was  deferred 
because  the  inhabitants  turned  from  their  iniquities  and 
evil  lives.  .  .  .  So  we  trust  that  merciful  God  will  turn 
this  threatened  evil  from  us  also,  if  we  like  them  repent  with 
our  whole  hearts.  Would  that  the  destruction  which  the 
fleet  of  the  Northmen  is  said  to  have  inflicted  upon  this 
realm  recently  might  be  regarded  as  the  sufficient  occasion 
for  the  appearance  of  this  comet,  but  I  fear  that  it  is  rather 
some  new  distress  still  to  come  that  is  foretold  by  this  ter- 
rible omen. 

16.    THE  STRASSBURG  OATHS,  842. 

Nithard,  III,  5;  M.  G.  SS.  folio,  II,  pp.  665  ff. 

The  occasion  of  these  oaths  was  the  alliance  between  the  two 
brothers,  Ludwig  the  German  and  Charles  the  Bald,  against  their 
brother  Lothar.  Lothar  had  been  defeated  at  the  battle  of  Fontenay, 
841,  by  his  brothers,  who  then  made  this  league.  The  oaths  are 
given  in  this  form  by  Nithard,  the  historian  of  the  later  Carolin- 
gians,  who  was  the  son  of  Angilbert  and  Bertha,  the  daughter  of 
Karl  the  Great.  The  lingua  romana  and  the  lingua  teudisca  are 
the  vulgar  languages  respectively  of  the  followers  of  Charles  the 
Bald  and  Ludwig  the  German,  that  is,  of  the  inhabitants  of  France 
and  of  Germany.  The  appearance  of  a  Latin  dialect  as  the  language 
of  the  inhabitants  of  the  western  kingdom  indicates  that  the  Roman 
elements  had  after  all  survived  in  Gaul  and  were  absorbing  the 


No.  16]  THE  EMPIRE  TO   1073  61 

German  elements;  the  formation  of  two  languages  mutually  exclu- 
sive in  the  two  portions  of  the  empire  suggests  a  fairly  advanced 
stage  of  differentiation  between  the  German  and  the  French  parts. 
But  the  chief  interest  of  this  document  is  in«the  field  of  language 
study.  The  lingua  romana  shows  an  early  stage  in  the  development 
of  French  from  Latin,  while  the  lingua  teudisca  is  one  of  the  earliest 
forms  of  Old  High  German.  The  lingua  romana  shows  the  process 
by  which  the  French  language  grew  out  of  Latin;  note  that  inflec- 
tional endings  have  largely  disappeared,  and  case  is  shown  by  the 
use  of  prepositions,  and  that  phonetic  changes  (changes  of  vowels 
and  consonants)  have  also  taken  place.  Some  of  the  words  are 
good  Latin,  others  are  very  nearly  modern  French,  and  still  others 
stand  midway  between  Latin  and  French.  Most  of  the  words  in 
the  lingua  teudisca  can  be  identified  with  modern  German  words. 
Note  that  each  leader  took  the  oath  in  the  language  of  the  followers 
of  the  other,  in  order  that  his  brother's  followers  might  understand 
him.  So  Ludwig  the  German  speaks  in  the  lingua  romana  and 
Charles  the  Bald  in  the  lingua  teudisca. 

So  Ludwig  and  Charles  came  together  at  Argentaria, 
which  is  called  Strassburg  in  the  common  tongue,  and  there 
took  the  oaths  which  are  given  below,  Ludwig  speaking  in 
the  lingua  romana  and  Charles  in  the  lingua  teudisca. 
.  Ludwig,  being  the  elder,  took  the  oath  first,  as 
follows : 

Pro  deo  amur  et  pro  Christian  poblo  et  nostro  commun 
salvament,  d'ist  di  in  avant,  in  quant  deus  savir  et  podir 
me  dunat,  si  salvaraeio  cist  meon  fradre  Karlo  et  in  aiudha 
et  in  cadhuna  cosa,  si  cum  om  per  dreit  son  fradra  salvar 
dist,  in  o  quid  il  mi  altresi  fazet,  et  ab  Ludher  nul  plaid 
numquam  prindrai,  qui  meon  vol  cist  meon  fradre  Karle  in 
damno  sit. 

When  Ludwig  had  finished,  Charles  took  the  oath  in  the 
lingua  teudisca : 

In  godes  minna  ind  in  thes  christanes  folches  ind  unser 
bedhero  gehaltnissi,  fon  thesemo  dage  frammordes,  so  fram 
so  mir  got  geuuiczi  indi  mahd  furgibit,  so  haldih  thesan 
minan  bruodher,  soso  man  mit  rehtu  sinan  bruodher  seal,  in 


62    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

thiu  thaz  er'  mig  so  sama  duo,  indi  mit  Ludheren  in  noh- 
heiniu  thing  ne  gegango,  the  minan  uuilon  imo  ce  scadhen 

uuerdhen. 

• 

Literal  translation  of  the  lingua  romana,  the  lingua  teudisca  be- 
ing the  same  with  the  names  changed: 

"  By  God's  love  and  by  this  Christian  people  and  our  common  sal- 
vation, from  this  day  forth,  as  far  as  God  gives  me  to  know  and  to 
have  power,  I  will  so  aid  this  my  brother  Charles  in  each  and  every 
thing  as  a  man  ought  to  aid  his  brother,  in  so  far  as  he  shall  do  the 
same  for  me;  and  I  will  never  have  any  dealings  with  Lothar  that 
may  by  my  wish  injure  this  my  brother  Charles." 

And  this  is  the  oath  which  the  followers  of  each  took  in 
their  own  tongues: 

Lingua  romana: 

Si  Lodhuuigs  sagrament,  que  son  fradre  Karlo  iurat,  con- 
servat,  et  Karlus  meos  sendra  de  suo  part  non  los  tanit,  si 
io  returnar  non  1'int  pois:  ne  io  ne  neuls,  cui  eo  returnar 
int  pois,  in  nulla  aiudha  contra  Lodhuuuig  nun  li  iv  er. 

Lingua  teudisca: 

Oba  Karl  then  eid,  then  er  sinemo  bruodher  Ludhuuuige 
gesuor,  geleistit,  indi  Ludhuuuig  min  herro  then  er  imo 
gesuor  forbrihchit,  ob  ih  inan  es  iruuenden  ne  mag:  noh  ih 
noh  thero  nohhein,  then  ih  es  iruuenden  mag,  uuidhar  Karle 
imo  ce  follusti  ne  uuirdhit. 

Literal  translation  of  the  lingua  romana,  the  same  as  the  other 
with  names  changed: 

"  If  Ludwig  keeps  the  oath  which  he  swore  to  his  brother  Charles, 
and  Charles,  my  lord,  on  his  part  does  not  keep  it,  if  I  cannot  prevent 
it,  then  neither  I  nor  anyone  whom  I  can  prevent  shall  ever  defend 
him  against  Ludwig." 

17-18.     THE  TREATY  OF  VERDUN,  843. 
17.    ANNALES  BERTINIANI. 

M.  G.  SS.  folio,  I,  p.  440.  f!    . 

The  treaty  of  Verdun  is  the  division  of  the  empire  among  the  three 
sons  of  Ludwig  the  Pious,  Lothar,  Ludwig  the  German,  and  Charles 


No.  18]  THE  EMPIRE  TO   1073  63 

the  Bald.  It  recognized  the  failure  of  the  attempt  of  Karl  to  weld 
western  Europe  and  the  German  tribes  into  one  state  and  marks  the 
beginning  of  the  states  of  Germany  and  France.  The  student  should 
follow  on  a  map  the  line  described  in  the  treaty.  The  long  narrow 
strip  which  composed  the  northern  portion  of  the  kingdom  of  Lothar 
had  no  elements  of  cohesion,  geographically,  racially,  or  politically. 
So  it  became  the  debatable  land  over  which  the  two  neighboring 
states  of  Germany  and  France  have  ever  since  fought.  The  fate  of 
this  middle  territory  may  be  glanced  at  in  anticipation:  The  extreme 
northern  portion  came  to  the  empire  in  870  and  formed  the  duchy 
of  Lotharingia,  but  it  fell  apart  into  little  feudal  territories  practi- 
cally independent  of  the  empire  and  finally  became  separate  as  the 
Netherlands;  the  central  portion  also  broke  up  into  small  territories, 
part  of  which  remained  in  the  empire,  as  the  Palatinate  of  the  Rhine, 
and  the  great  Rhine  bishoprics;  part,  like  Elsass  and  Lorraine, 
vacillated  between  France  and  Germany;  the  southern  portion  be- 
came the  kingdoms  of  upper  and  lower  Burgundy,  then  the  united 
kingdom  of  Burgundy  or  Aries,  and  then  after  the  acquisition  of  that 
kingdom  by  the  empire,  broke  up  into  small  territories,  part  going 
to  Germany,  part  to  France,  and  part  becoming  independent. 

Charles  met  his  brothers  at  Verdun  and  there  the  por- 
tions of  the  empire  were  assigned.  Ludwig  received  all 
beyond  the  Ehine,  including  also  Speier,  Worms,  and  Mainz 
on  this  side  of  the  Rhine;  Lothar  received  the  land  bounded 
[by  that  of  Ludwig  on  the  west,  and]  by  a  line  following  along 
the  lower  Rhine,  the  Scheldt,  and  the  Meuse,  then  through 
Cambrai,  Hainault,  Lomme,  including  the  counties  east  of 
the  Meuse,  to  where  the  Saone  flows  into  the  Rhone,  then 
along  the  Rhone  to  the  sea,  including  the  counties  on.  both 
sides  of  the  Rhone ;  the  rest  as  far  as  Spain,  went  to  Charles. 

18.    REGINO. 

M.  G.  SS.  folio,  I,  p.  568. 

Anno  842  (843).  The  three  brothers  divided  the  kingdom 
of  the  Franks  among  themselves ;  to  Charles  fell  the  western 
portion  from  the  British  ocean  to  the  Meuse;  to  Ludwig, 
the  eastern  portion,  that  is,  Germany  as  far  west  as  the 
Rhine,  including  certain  cities  and  their  counties  east  of 


64    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  Rhine  to  furnish  him  with  wine;  to  Lothar,  who,  as 
the  oldest,  bore  the  title  of  emperor,  the  part  in  between, 
which  still  bears  the  name  of  Lotharingia,  and  all  of  Pro- 
vence and  the  land  of  Italy  with  the  city  of  Rome. 

19.    THE  TREATY  OF  MEERSEN,  870. 

M.  G.  LL.  folio,  I,  p.  516;  Altmann  und  Bernheim,  no.  4. 

The  northern  portion  of  the  kingdom  of  Lothar  was  divided  cm 
his  death  (855)  between  two  of  his  sons,  Lothar  and  Charles,  the 
other,  Louis,  taking  Italy.  Charles  died  in  863  and  Lothar  in  869; 
thereupon  their  uncles,  Charles  the  Bald  and  Ludwig  the  German, 
divided  that  territory  between  them  by  the  treaty  of  Meersen,  the 
preliminaries  of  which  are  given  here.  See  a  map  for  the  line  of 
the  division. 

In  the  year  of  the  incarnation  of  our  Lord  870,  the  third 
indiction,  the  day  before  the  nones  of  March  [March  6],  in 
the  32d  year  of  the  reign  of  the  glorious  king  Charles  [the 
Bald],  in  the  palace  of  the  king  at  Aachen,  this  agreement 
was  made  between  him  and  his  brother  Ludwig. 

Count  Ingelram,  for  king  Charles. 

I  promise  for  my  lord  that  my  lord,  king  .Charles,  will 
permit  his  brother,  king  Ludwig,  to  have  such  portion  of 
the  kingdom  of  Lothar  as  they  two  or  their  representatives 
may  decide  upon  as  just  and  equitable.  Charles  will  never 
molest  him  in  his  possession  of  that  portion  or  of  the  king- 
dom which  he  held  before,  if  Ludwig  on  his  side  will  keep 
the  same  faith  and  fidelity  toward  him,  which  I  have  prom- 
ised for  my  lord. 

Count  Leutfrid,  for  king  Ludwig. 

I  promise  for  my  lord  that  my  lord,  king  Ludwig,  will 
permit  his  brother,  king  Charles,  to  have  such  portion  of 
the  kingdom  of  Lothar  as  they  two  or  their  representatives 
may  decide  upon  as  just  and  equitable.  Ludwig  will  never 
molest  him  in  his  possession  of  that  portion  or  of  the  king- 
dom which  he  held  before,  if  Charles  on  his  side  will  keep 


No.  21]  THE   EMPIRE  TO    1073  65 

the  same  faith  and  fidelity  toward  him,  which  I  have  prom- 
ised for  my  lord. 

20.  INVASIONS   OF   NORTHMEN   AT   THE   END   OF    THE 
NINTH  CENTURY. 

Annals  of  Fulda,  M.  G.  SS.  folio,  I,  pp.  398  ff. 

See  introductory  note  to  no.  15  for  the  nature  of  these  invasions. 
The  chronicle  accounts  in  this  and  the  next  document  illustrate  very 
well  the  necessity  which  lay  upon  the  local  officials  of  defending  the 
country  against  invaders.  The  particular  feature  of  the  events  nar- 
rated here  is  the  participation  of  the  ecclesiastical  lords,  archbishops 
and  bishops,  in  these  warlike  enterprises.  This  was  due  to  the  fact 
that  the  ecclesiastical  lords  were  great  landholders  and  exercised  all 
the  functions  of  secular  officials. 

Ad  annum  883.  The  Northmen,  ascending  the  Rhine, 
plundered  and  burnt  many  villages.  Liutbert,  archbishop 
of  Mainz,  with  a  small  band  of  troops,  attacked  them  and, 
after  killing  many  of  them,  recovered  much  of  the  booty 
which  they  had  taken.  Cologne  [which  had  been  burnt  by 
the  Northmen,  881]  was  rebuilt,  except  its  churches  and 
monasteries,  and  its  walls  with  their  gates  and  towers  were 
restored. 

Ad  annum  885.  The  Northmen  entered  the  territory 
about  Liege,  collected  all  kinds  of  provisions,  and  prepared 
to  spend  the  winter  there.  But  Liutbert,  archbishop  of 
Mainz,  and  count  Heimrih,  with  others,  fell  upon  them  sud- 
denly, killed  many  of  them,  and  drove  the  others  into  a 
small  stronghold.  They  then  seized  the  provisions  which 
the  Northmen  had  collected.  The  Northmen,  after  endur- 
ing a  long  siege,  during  which  they  suffered  from  hunger, 
finally  fled  from  the  stronghold  by  night. 

21.  INVASION  OF  THE  HUNGARIANS,  ca.  950. 

Thietmar  of  Merseburg,  II,  27;  M.  G.  SS.  folio,  III,  pp.  752  f. 

Michael,  bishop  of  Regensburg,  after  governing  his  diocese 
well  for  some  years,  gathered  his  troops  and  joined  the  other 


66    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

Bavarian  nobles  in  resisting  an  invasion  of  the  Hungarians. 
In  the  battle  which  followed,  our  troops  were  defeated.  One 
of  the  bishop's  ears  was  cut  off,  and  after  receiving  many 
other  wounds  he  was  left  for  dead  on  the  field.  One  of  his 
personal  enemies  had  fallen  at  his  side,  and,  by  feigning 
death  when  the  Hungarians  searched  the  battle-field,  he 
escaped  with  his  life.  When  he  saw  that  he  was  alone  with 
the  bishop  whom  he  hated,  he  seized  a  lance  and  tried  to 
kill  him.  But  the  bishop,  having  recovered  consciousness, 
was  able  to  defend  himself,  and,  after  a  fierce  struggle  with 
his  enemy,  succeeded  in  striking  him  down.  After  a  long 
and  perilous  journey  the  bishop  found  his  way  back  to 
Regensburg,  greatly  to  the  joy  of  his  flock.  All  his  clergy 
welcomed  him  as  a  bold  warrior,  his  flock  honored  and  cher- 
ished him  as  an  excellent  pastor,  and  his  wounds  and  maim- 
ing redounded  to  his  honor. 

22.     DISSOLUTION  OF  THE  EMPIRE. 

Regino,  M.  G.  SS.  folio,  I,  pp.  590  ff. 

The  empire  divided  in  843  was  for  a  brief  period  reunited  under 
Karl  the  Fat  from  884-887.  But  the  failure  of  Karl  either  to 
enforce  his  authority  in  the  empire  or  to  protect  its  boundaries  led 
to  his  deposition  and  to  the  definite  division  of  the  empire  into 
small  kingdoms  under  local  rulers.  Arnulf,  an  illegitimate  son  of 
Karlmann,  the  brother  of  Karl  the  Fat,  became  king  of  Germany; 
in  France,  as  early  as  879,  Provence  or  lower  Burgundy  had  elected 
a  local  count,  Boso,  as  king;  in  888,  after  the  deposition  of  Karl 
the  Fat,  most  of  the  French  nobles  elected  Odo,  duke  of  Francia, 
who  belonged  to  the  family  of  the  counts  of  Paris,  as  their  king, 
while  upper  Burgundy  chose  its  own  ruler  in  count  Rudolf,  and 
Aquitaine  still  held  out  under  its  duke  for  the  young  Charles  the 
Simple,  grandson  of  Charles  the  Bald.  In  Italy  Charles  the  Bald, 
Ludwig,  and  Karl  the  Fat  had  attempted  in  vain  to  assert  the 
authority  of  the  emperor  there,  and  Italy  went  its  own  way  and 
became  the  field  of  battle  between  rival  claimants  for  the  crown, 
both  of  them  local  Italian  nobles.  Thus  by  888  there  were,  includ- 
ing Aquitaine,  six  separate  kingdoms,  Germany,  Italy,  France,  Aqui- 
taine, Provence,  and  Burgundy. 


No.  22]  THE  EMPIRE  TO   1073  67 

Anno  879.  Boso,  on  hearing  of  the  death  of  Louis  [the 
Stammerer],  set  out  from  Provence  and  undertook  to  seize 
the  whole  of  Burgundy.  And  after  he  had  won  over  several 
bishops  to  his  cause  by  threats  and  persuasion,  he  proceeded 
to  Lyon  and  there  was  anointed  king  over  the  Burgundian 
realm  by  Aurelian,  the  metropolitan  of  Lyon,  and  the  other 
bishops.  He  ignored  the  young  sons  of  Louis,  treating  them 
as  illegitimate  because  their  mother  had  been  disgraced  and 
put  away  at  the  order  of  Charles  [the  Bald].  But  these 
youths,  Louis  and  Carlman,  were  raised  to  the  throne  by  abbot 
Hugo  and  the  other  nobles,  and  warred  against  Boso  all  their 
lives.  Not  only  they  but  also  the  other  kings  of  the  Franks 
hated  him  for  his  usurpation,  and  made  their  dukes  and 
vassals  promise  that  they  would  try  to  overthrow  and  slay 
him. 

Anno  887.  In  this  year  there  died  at  Orleans  abbot  Hugo, 
who  had  held  and  ruled  manfully  the  duchy  [of  Robert  the 
Strong,  i.e.,  Francia],  and  the  duchy  was  given  by  the  em- 
peror to  Robert's  son,  Odo,  who  had  been  up  to  that  time 
count  of  Paris,  and  who,  together  with  Gozlinus,  bishop  of 
Paris,  had  protected  that  city  with  all  his  might  against  the 
terrible  onslaughts  of  the  Northmen.  .  .  . 

In  the  month  of  November  on  St.  Martin's  day  [Novem- 
ber 11,  887],  Karl  [the  Fat]  came  to  Tribur  and  held  a 
general  diet.  Now  when  the  nobles  of  the  kingdom  saw 
that  the  emperor  was  failing  not  only  in  bodily  strength, 
but  in  mind  also,  they  joined  in  a  conspiracy  with  Arnulf, 
son  of  Karlmann,  to  raise  him  to  the  throne,  and  they  fell 
away  from  the  emperor  to  Arnulf  in  such  numbers  that 
after  three  days  scarcely  anyone  was  left  to  do  the  emperor 
even  the  services  demanded  by  common  humanity.  .  .  . 
King  Arnulf,  however,  gave  Karl  certain  imperial  lands  in 
Alamannia  for  his  sustenance,  and  then,  after  he  had  settled 
affairs  in  Franconia,  he  himself  returned  to  Bavaria. 

Anno  888.     After  the  death  of  Karl  the  kingdoms  which 


68    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

had  obeyed  his  rule  fell  apart  and  obeyed  no  longer  their 
natural  lord  [i.e.,  Arnulf],  but  each  elected  a  king  from 
among  its  own  inhabitants.  This  was  the  cause  of  many  wars, 
not  because  there  were  no  longer  any  princes  among  the 
Franks  fitted  by  birth,  courage,  and  wisdom  to  rule,  but 
because  of  the  equality  of  those  very  traits  among  so  many 
princes,  since  no  one  of  them  so  excelled  the  others  that  they 
would  be  willing  to  obey  him.  For  there  were  still  many 
princes  able  to  hold  together  the  Frankish  empire,  if  they 
had  not  been  fated  to  oppose  one  another  instead  of  uniting. 

In  Italy  one  portion  of  the  people  made  Berengar,  son  of 
Everhard,  markgraf  of  Friuli,  king,  while  another  portion 
chose  as  king  Guido,  son  of  Lambert,  duke  of  Spoleto.  Out 
of  this  division  came  so  great  a  strife  and  so  much  blood- 
shed that,  as  our  Lord  said,  the  kingdom,  divided  against 
itself,  was  almost  brought  to  desolation  [Matt.  12:25]. 
Finally  Guido  was  victorious  and  Berengar  was  driven  from 
the  kingdom.  .  .  . 

Then  the  people  of  Gaul  came  together,  and  with  the  con- 
sent of  Arnulf,  chose  duke  Odo,  son  of  Eobert,  a  mighty 
man,  to  be  their  king.  .  .  .  He  ruled  manfully  and  de- 
fended the  kingdom  against  the  continual  attacks  of  the 
Northmen. 

About  the  same  time,  Eudolf,  son  of  Conrad,  the  nephew 
of  abbot  Hugo,  seized  that  part  of  Provence  between  the 
Jura  and  the  Pennine  Alps  [Upper  Burgundy],  and  in  the 
presence  of  the  nobles  and  bishops,  crowned  himself  king. 
.  .  .  But  when  Arnulf  heard  of  this  he  advanced  against 
Rudolf,  who  betook  himself  to  the  most  inaccessible  heights 
and  held  out  there.  All  his  life  Arnulf,  with  his  son  Zwenti- 
bold,  made  war  on  Rudolf,  but  could  not  overcome  him, 
because  he  held  out  in  places  where  only  the  chamois  could 
go  and  where  the  troops  of  the  invaders  could  not  reach  him. 


No.  24]  THE  EMPIRE  TO   1073  69 

23.  THE  CORONATION  OF  AENULP,  896. 

Regino,  M.  G.  SS.  folio,  I,  p.  607. 

Arnulf  regarded  himself  as  the  successor  to  Karl  the  Great  and 
attempted  to  exercise  some  real  authority  over  the  whole  empire. 
This  appears  in  his  relations  to  Odo  of  France,  to  the  kings  of  the 
Burgundies,  and  to  the  claimants  in  Italy.  The  expedition  which 
he  undertook  to  Italy  in  order  to  end  the  disorders  there  resulted 
in  his  receiving  the  imperial  crown. 

Anno  896.  A  second  time  Arnulf  went  down  into  Italy 
and  came  to  Rome,  and  with  the  consent  of  the  pope  stormed 
the  city.  This  was  an  unheard-of  thing,  not  having  hap- 
pened since  Brenno  and  the  Gauls  captured  Rome  many 
years  before  the  birth  of  Christ.1  The  mother  of  Lambert, 
whom  he  had  left  to  defend  the  city,  fled  with  her  troops. 
Arnulf  was  received  into  the  city  with  the  greatest  rever- 
ence by  pope  Formosus  and  was  crowned  emperor  by  him 
before  the  altar  of  St.  Peter.  But  as  he  returned  from 
Rome  he  was  seized  with  an  illness  that  troubled  him  for 
a  long  time. 

i  Not  true;  see  no.  2,  for  the  sack  of  Rome  by  Alaric,  410,  and 
by  Geiseric,  455. 

24,  25.    RISE  OF  THE  TRIBAL  DUCHIES  IN   GERMANY, 
ca.  900. 

24.     SAXONY. 

Widukind,  History  of  the  Saxons,  I,  c.  16;  M.  G.  SS.  folio,  III,  p.  425. 

In  the  beginning  of  the  tenth  century  we  find  Germany  divided 
into  five  great  duchies,  Lotharingia,  Franconia,  Saxony,  Bavaria, 
and  Suabia.  The  boundaries  of  the  last  four  corresponded  pretty 
closely  to  the  boundaries  of  old  German  tribes:  Franks,  Saxons, 
Bavarians,  and  Alamanni.  The  attempt  of  Karl  to  weld  the  various 
German  tribes  into  one  state  was  successful  during  his  reign,  but 
that  period  was  too  brief  to  extinguish  the  tribal  feeling,  and  his 
weak  successors,  occupied  with  schemes  of  selfish  aggrandizement, 
abandoned  his  larger  policy.  During  the  later  Carolingian  period 
the  impotence  of  the  central  government  put  the  burden  of  ruling 
upon  the  local  officials,  who  under  the  weak  rule  of  Ludwig  the 


70    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Child  usurped  the  title  of  duke  in  each  of  the  large  divisions.  This 
usurpation  was  successful  largely  because  the  people  in  each  duchy 
regarded  their  new  duke  as  the  representative  of  tribal  unity.  In 
Saxony  and  Bavaria  the  counts  of  the  marks  took  the  position  of 
leaders  of  the  nobles  and  people  of  the  whole  provinces  against  the 
invasions  of  Slavs  and  Hungarians,  and  were  rewarded  by  the  fidelity 
and  allegiance  of  the  duchy.  In  Franconia  and  Suabia  the  same 
position  was  won  by  local  officials,  but  in  these  cases  it  was  as  the 
result  of  struggles  between  rival  families  for  supreme  position  in 
the  duchy.  The  references  in  documents  to  these  events  are  very 
meager,  but  it  will  be  observed  that  dukes  of  Saxony,  Bavaria, 
Franconia,  Suabia  are  mentioned  in  these  passages. 

The  last  of  the  Carolingian  emperors  of  the  East  Franks 
was  Ludwig  [the  Child],  son  of  Armilf.  .  .  .  This 
Ludwig  married  Liudgard,  sister  of  Bruno  and  the  great 
duke  Otto,  and  soon  after  died.  These  men,  Bruno  and 
Otto,  were  the  sons  of  Liudolf.  .  .  .  -Bruno  ruled  the 
duchy  of  all  Saxony,  but  perished  with  his  army  in  resisting 
an  incursion  of  the  Danes,  thus  leaving  the  duchy  to  his 
younger  and  far  abler  brother  Otto.  Ludwig  the  Child  left  no 
son,  and  all  the  people  of  Franconia  and  Saxony  tried  to  give 
Otto  the  crown.  But  he  refused  to  undertake  the  burden 
of  ruling,  on  the  ground  that  he  was  too  old,  and  by  his 
advice  Conrad,  duke  of  Franconia,  was  anointed  king. 

25.     SUABIA. 

Annales  Alamannici,  M.  G.  SS.  folio,  I,  pp.  55  f. 

Anno  911.  Burchart,  count  and  prince  of  the  Alamanni, 
was  unjustly  slain  by  the  judgment  of  Anselm,  and  his  sons 
Burchart  and  Udalrich  were  driven  out  and  his  possessions 
and  fiefs  divided  among  his  enemies.  ... 

Anno  913.  In  this  year  Conrad  the  king  attacked  the 
king  of  Lotharingia.  A  conflict  arose  between  Conrad  and 
Erchanger  [a  count  palatine  in  Suabia].  The  Hungarians 
break  into  Alamannia;  on  their  return  Arnulf  [duke  of 
Bavaria]  and  Erchanger,  with  Berthold  and  Udalrich,  attack 


No.  26]  THE  EMPIRE  TO  1073  71 

and  defeat  the  Hungarians.  In  this  year  peace  is  made 
between  the  king  and  Erchanger,  and  the  king  marries  the 
sister  of  Erchanger. 

Anno  914.  Conrad  again  comes  into  Alamannia.  Er- 
changer attacks  bishop  Salomon  and  captures  him.  In  the 
same  year  Erchanger  is  captured  by  the  king  and  exiled. 
Immediately  the  young  Burehart  [son  of  Burchart]  rebels 
against  the  king  and  devastates  his  own  fatherland. 

Anno  915.  .  .  .  Erchanger  returns  from  exile  and 
attacks  Burchart  and  Berthold  and  conquers  them  at  Wall- 
wis,  and  is  made  duke  of  the  Alamanni  [duke  of  Suabia]. 

26.     HENRY  I  AND  THE  SAXON  CITIES,  919-36. 

Widukind,  I,  35;  M.  G.  SS.  folio.  Ill,  p.  432. 

Henry,  duke  of  Saxony,  king  of  the  Germans,  919-936,  was  the 
first  king  of  the  Saxon  house.  He  was  also  the  first  king  of  the  Ger- 
mans to  accept  the  feudal  state  and  to  attempt  to  build  up  a  govern- 
ment on  that  basis.  He  did  not  revive  the  imperial  claims  on  Italy, 
but  devoted  himself  to  strengthening  his  own  authority  in  Saxony, 
to  defending  the  frontiers  of  the  kingdom,  and  to  creating  a  German 
state.  This  selection  is  from  the  history  of  the  Saxons  written  by 
Widukind,  a  monk  in  the  monastery  of  New  Corvey,  who  wrote  in 
the  latter  part  of  the  tenth  century.  The  passage  illustrates  the 
relations  of  the  Germans  to  the  Slavs  on  the  east  and  the  origin 
of  the  Saxon  cities.  The  Slavs  had  moved  as  far  west  as  the  Elbe, 
occupying  the  lands  left  vacant  by  the  Germans  after  the  migra- 
tions. Much  of  this  territory  was  gradually  recovered  by  the  Ger- 
mans from  the  time  of  Henry.  Here  we  see  the  capture  of  the 
city  of  Brandenburg  and  the  reduction  of  Bohemia.  Following  the 
conquest  came  the  establishment  of  the  marks  and  the  colonization 
and  Germanizing  of  the  land. 

It  lies  beyond  my  power  to  relate  in  detail  how  king 
Henry,  after  he  had  made  a  nine  years'  truce  with  the  Hun- 
garians, undertook  to  develop  the  defenses  of  his  own  land 
[Saxony]  and  to  subdue  the  barbarians;  and  yet  this  must 
not  be  passed  over  in  silence.  From  the  free  peasants  sub- 
ject to  military  service  he  chose  one  out  of  every  nine,  and 


72    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

ordered  these  selected  persons  to  move  into  the  fortified 
places  and  build  dwellings  for  the  others.  One-third  of  all 
the  produce  was  to  be  stored  up  in  these  fortified  places, 
and  the  other  peasants  were  to  sow  and  reap  and  gather  the 
crops  and  take  them  there.  The  king  also  commanded  all 
courts  and  meetings  and  celebrations  to  be  held  in  these 
places,  that  during  a  time  of  peace  the  inhabitants  might 
accustom  themselves  to  meeting  together  in  them,  as  he 
wished  them  to  do  in  case  of  an  invasion.  The  work  on 
these  strongholds  was  pushed  night  and  day.  Outside  of 
these  fortified  places  there  were  no  walled  towns.  While 
the  inhabitants  of  his  new  cities  were  being  trained  in  this 
way,  the  king  suddenly  fell  upon  the  Heveldi  [the  Slavs 
who  dwell  on  the  Havel],  defeated  them  in  several  engage- 
ments, and  finally  captured  the  city  of  Brandenburg.  This 
was  in  the  dead  of  winter,  the  besieging  army  encamping 
on  the  ice  and  storming  the  city  after  the  garrison  had  been 
exhausted  by  hunger  and  cold.  Having  thus  won  with  the 
capture  of  Brandenburg  the  whole  territory  of  the  Heveldi, 
he  proceeded  against  Dalamantia,  which  his  father  had  at- 
tacked on  a  former  occasion,  and  then  besieged  Jahna  and 
took  it  after  twenty  days.  .  .  .  Then  he  made  an  attack 
in  force  upon  Prague,  the  fortress  of  the  Bohemians,  and 
reduced  the  king  of  Bohemia  to  subjection. 

27.    THE  ELECTION  OF  OTTO  I,  936. 

Widukind,  II,  1,  2;  M.  G.  SS.  folio,  III,  pp.  437  ff. 

This  passage  is  also  taken  from  Widukind.  It  shows  the  cere< 
mony  of  election  and  coronation  in  the  tenth  century.  Note  the  steps 
in  the  process :  ( 1 )  designation  by  his  father,  at  which  time  the  son 
was  probably  accepted  by  an  assembly  of  the  nobles;  (2)  election 
by  the  general  assembly  after  the  death  of  the  father;  the  general 
assembly  at  this  period  probably  consisted  only  of  nobles  and  high 
ecclesiastics;  (3)  elevation  to  the  throne  by  the  feudal  nobles,  a 
survival  of  the  ancient  ceremony  of  raising  the  king  on  the  shield 


No.  27]  THE  EMPIRE  TO  1073  73 

by  the  warriors  of  the  tribe;  (4)  presentation  to _ the  people  by  the 
bishops,  and  acceptance;  (5)  solemn  coronation  and  anointing  by 
the  archbishops. 

1.  After  Henry,  the  father  of  his  country  and  the  greatest 
and  best  of  kings,  had  died,  all  the  people  of  the  Franks  and 
the  Saxons  chose  for  their  king  his  son  Otto,  whom  Henry 
had  already  designated  as  his  successor,  and  they  sent  out 
notices  of  the  coronation,  which  was  to  take  place  at  Aachen. 
.  .  .  And  when  all  were  assembled  there,  the  dukes  and  the 
commanders  of  the  soldiers  and  other  military  leaders  raised 
Otto  upon  the  throne,  which  was  erected  in  the  portico  adjoin- 
ing the  church  of  Karl  the  Great,  and  giving  him  their  hands 
and  promising  him  their  fidelity  and  aid  against  all  his 
enemies,  they  made  him  king  according  to  their  custom. 
Meanwhile  the  archbishop  of  Mainz  and  the  clergy  and 
people  awaited  him  within  the  church.  And  when  he  ap- 
proached the  archbishop  met  him,  .  .  .  and  went  with 
him  to  the  centre  of  the  church;  .  .  .  then  turning  to 
the  people  ...  he  said :  "  I  bring  you  Otto,  chosen  by 
God,  designated  by  our  lord  Henry,  and  now  made  king 
by  all  the  princes ;  if  this  choice  pleases  you,  raise  your  right 
hands."  At  this,  the  whole  people  raised  their  right  hands 
to  heaven  and  hailed  the  new  ruler  with  a  mighty  shout. 
Then  the  archbishop  advanced  with  the  king,  who  was  clothed 
with  a  short  tunic  after  the  Frankish  custom,  to  the  altar, 
on  which  lay  the  royal  insignia,  the  sword  and  belt,  the  cloak 
and  armlets,  the  staff  with  the  sceptre  and  diadem.  The 
primate  at  this  time  was  Hildibert,  a  Frank  by  birth  and  a 
monk  by  training.  He  had  been  brought  up  and  educated 
at  the  monastery  of  Fulda,  and  finally  was  made  archbishop 
of  Mainz.  .  , .  .  Now  when  there  had  arisen  a  dispute  as 
to  who  should  consecrate  the  king  (for  the  honor  was  claimed 
by  the  archbishops  both  of  Trier  and  of  Cologne,  the  former 
because  his  see  was  the  oldest  and  had  been  founded,  as  it 


74    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

were,  by  St.  Peter,  and  the  latter  because  Aachen  was  in  his 
diocese),1  the  difficulty  was  settled  by  both  of  them  yield- 
ing- with  all  good  will  to  Hildibert. 

The  archbishop,  going  up  to  the  altar,  took  up  the  sword 
and  belt  and,  turning  to  the  king,  said :  "  Receive  this  sword 
with  which  you  shall  cast  out  all  the  enemies  of  Christ,  both 
pagans  and  wicked  Christians,  and  receive  with  it  the  author- 
ity and  power  given  to  you  by  God  to  rule  over  all  the  Franks 
for  the  security  of  all  Christian  people."  Then  taking  up  the 
cloak  and  armlets  he  put  them  on  the  king  and  said :  "  The 
borders  of  this  cloak  trailing  on  the  ground  shall  remind  you 
that  you  are  to  be  zealous  in  the  faith  and  to  keep  peace." 
Finally,  taking  up  the  sceptre  and  staff,  he  said :  "  By  these 
symbols  you  shall  correct  your  subjects  with  fatherly  dis- 
cipline and  foster  the  servants  of  God  and  the  widows  and 
orphans.  May  the  oil  of  mercy  never  be  lacking  to  your 
head,  that  you  may  be  crowned  here  and  in  the  future  life 
with  an  eternal  reward."  Then  the  archbishops  Hildibert 
of  Mainz  and  Wicfrid  of  Cologne  anointed  him  with  the 
sacred  oil  and  crowned  him  with  the  golden  crown,  and  now 
that  the  whole  coronation  ceremony  was  completed  they  led 
him  to  the  throne,  which  he  ascended.  The  throne  was  built 
between  two  marble  columns  of  great  beauty  and  was  so 
placed,  that  he  could  see  all  and  be  seen  by  all. 

2.  Then  after  the  Te  Deum  and  the  mass,  the  king  de- 
scended from  his  throne  and  proceeded  to  the  palace,  where 
he  sat  down  with  his  bishops  and  people  at  a  marble  table 
which  was  adorned  with  royal  lavishness;  and  the  dukes 
served  him.  Gilbert,  duke  of  Lotharingia,  who  held  the 
office  by  right,  superintended  the  preparations  [i.e.,  acted 
as  chamberlain],  Eberhard,  duke  of  Franconia,  presided 
over  the  arrangements  for  the  king's  table  [acted  as  sene- 
schal], Herman,  duke  of  Suabia,  acted  as  cupbearer,  Arnulf, 
duke  of  Bavaria,  commanded  the  knights  and  chose  the 
place  of  encampment  [acted  as  marshal]  .2  Siegfrid,  chief  of 


No.  28]  THE  EMPIRE  TO  1073  75 

the  Saxons,  second  only  to  the  king,  and  son-in-law  of  the 
former  king,  ruled  Saxony  for  Otto,  providing  against 
attacks  of  the  enemy  and  caring  for  the  young  Henry,  Otto's 
brother. 

1  In  the  time  of  Leo  IX    (1048-1054)    this  quarrel  was  settled  in 
favor  of  the  archbishop  of  Cologne  because  Aachen  was  in  his  diocese. 

2  The  famous  banquet  of  Otto  has  been  made  much  of  by  many 
authors   to   show  the   power   of  Otto  over   the  great   dukes.      It   is 
doubtful,  however,  if  much  importance  should  be  attached  to  this. 
The  great  offices  of  the  court  in  Germany  were  ceremonial  and  titu- 
lar, and  since  they   did   not  become  important  departments  of  the 
public  service,  as  they  did  in  France  and  England,  they  were  allowed 
to   remain   in   the   hands   of   the  great   dukes.     The   serving  of  the 
dukes   at  the  banquet  cannot  be  made  to   prove  their  subservience 
to   Otto;    Otto's    method   of  controlling  the    dukes  was   to   put  his 
own  relatives  in  those  positions.     The  four  offices  of  the  seneschal, 
cupbearer,    chamberlain,    and    marshal    are    the    court    positions    of 
the  later  secular  electoral  princes    (see  no.  160),  the  count  palatine 
of  the  Rhine,  the  king  of  Bohemia,  the  elector  of  Saxony,  and  the 
margrave   of    Brandenburg.      These   princes   on   the   breaking  up  of 
the  tribal  duchies  succeeded  to  the  position  of  first  rank  among  the 
nobles,  which  had  been  held  by  the  tribal  dukes. 

28.     OTTO  I  AND  THE  HUNGARIANS. 

Widukind,  III,  chs.  44  ff;  M.  G.  SS.  folio,  III,  pp.  457  f. 
The  Hungarians  appear  on  the  borders  of  the  empire  about  the 
end  of  the  ninth  century.  From  that  time  they  are  a  continual 
source  of  trouble  to  the  kings  of  Germany.  Arnulf  had  made  an 
alliance  with  them  against  the  Slavs;  the  reigns  of  Ludwig  the 
Child  and  Conrad  I  had  suffered  from  their  attacks,  and  Henry  I 
had  succeeded  in  forcing  them  to  make  a  truce.  Otto  then  defeated 
them  in  the  battle  of  the  Lechfeld  ( 955 ) ,  which  is  narrated  here, 
after  which  they  settled  in  the  region  where  they  are  found  to-day. 

44.  While  Otto  was  in  Saxony,  ambassadors  of  the  Hun- 
garians came  to  him,  under  the  pretext  of  the  old  alliance 
and  friendship,  but  in  reality,  it  was  supposed,  in  order  to 
discover  the  outcome  of  the  civil  war  in  which  Otto  had  been 
engaged.  After  he  had  entertained  them  and  sent  them 
away  with  gifts,  he  received  a  message  from  his  brother,  the 


76    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

duke  of  Bavaria,  saying :  "  Lo,  the  Hungarians  are  over- 
running your  land,  and  are  preparing  to  make  war  upon 
you/'  As  soon  as  the  king  heard  this,  he  immediately 
marched  against  this  enemy,  taking  with  him  only  a  few 
Saxons,  since  the  rest  were  occupied  at  that  time  with  a 
conflict  against  the  Slavs.  He  pitched  his  camp  in  the  ter- 
ritory of  the  city  of  Augsburg  and  .was  joined  there  by  the 
army  of  the  Franconians  and  Bavarians  and  by  duke  Con- 
rad with  a  large  following  of  knights.  Conrad's  arrival  so 
encouraged  the  warriors  that  they  wished  to  attack  the  enemy 
immediately.  Conrad  was  by  nature  very  bold,  and  at  the 
same  time  very  wise  in  council,  two  things  which  are  not 
usually  found  in  the  same  man.  He  was  irresistible  in  war, 
whether  on  foot  or  on  horseback ;  and  was  dear  to  his  friends 
in  peace  as  well  as  in  war.  It  now  became  apparent 
through  the  skirmishes  of  the  advance  posts  that  the  two 
armies  were  not  far  apart.  A  fast  was  proclaimed  in  the 
camp,  and  all  were  commanded  to  be  ready  for  battle  on 
the  next  morning.  At  the  first  gleam  of  dawn  they  all 
arose,  made  peace  with  one  another,  and  promised  to  aid 
first  their  own  leaders  and  then  each  other.  Then  they 
marched  out  of  the  camp  with  standards  raised,  some  eight 
legions  in  all.  The  army  was  led  by  a  steep  and  difficult 
way  in  order  to  avoid  the  darts  'of  the  enemy,  which  they 
use  with  great  effect  if  they  can  find  any  bushes  to  hide 
behind.  The  first,  second,  and  third  lines  were  composed  of 
Bavarians  led  by  the  officers  of  duke  Henry,  who  himself 
was  lying  sick  some  distance  from  the  field  of  battle — a  sick- 
ness from  which  he  died  not  long  after.  The  fourth  legion 
was  composed  of  Franconians,  under  the  command  of  duke 
Conrad.  The  king  commanded  the  fifth  line.  This  was 
called  the  royal  legion  and  was  made  up  of  selected  war- 
riors, brave  youths,  who  guarded  the  standard  of  the  angel, 
the  emblem  of  victory.  The  sixth  and  seventh  lines  were 
composed  of  Suabians,  commanded  by  duke  Burchard,  who 


No.  28]  THE  EMPIRE  TO  1073  77 

had  married  the  daughter  of  the  brother  of  Otto  [Hedwig, 
daughter  of  Henry].  The  eighth  was  made  up  of  a  thou- 
sand chosen  warriors  of  the  Bohemians,  whose  equipment 
was  better  than  their  fortune;  here  was  the  baggage  and  the 
impedimenta,  because  the  rear  was  thought  to  be  the  safest 
place.  But  it  did  not  prove  to  be  so  in  the  outcome,  for 
the  Hungarians  crossed  the  Lech  unexpectedly,  and  turned 
the  flank  of  the  army  and  fell  upon  the  rear  line,  first  with 
darts  and  then  at  close  quarters.  Many  were  slain  or  cap- 
tured, the  whole  of  the  baggage  seized,  and  the  line  put  to 
rout.  In  like  manner  the  Hungarians  fell  upon  the  seventh 
and  sixth  lines,  slew  a  great  many  and  put  the  rest  to  flight. 
But  when  the  king  perceived  that  there  was  a  conflict  going 
on  in  front  and  that  the  lines  behind  him  were  also  being 
attacked,  he  sent  duke  Conrad  with  the  fourth  line  against 
those  in  the  rear.  Conrad  freed  the  captives,  recovered  the 
booty,  and  drove  off  the  enemy.  Then  he  returned  to  the 
king,  victorious,  having  defeated  with  youthful  and  untried 
warriors  an  enemy  that  had  put  to  flight  experienced  and 
renowned  soldiers. 

46.  ...  When  the  king  saw  that  the  whole  brunt  of 
the  attack  was  now  in  front  ...  he  seized  his  shield 
and  lance,  and  rode  out  against  the  enemy  at  the  head  of 
his  followers.  The  braver  warriors  among  the  enemy  with- 
stood the  attack  at  first,  but  when  they  saw  that  their  com- 
panions had  fled,  they  were  overcome  with  dismay  and  were 
slain.  Some  of  the  enemy  sought  refuge  in  near-by  villages, 
their  horses  being  worn  out ;  these  were  surrounded  and  burnt 
to  death  within  the  walls.  Others  swam  the  river,  but  were 
drowned  by  the  caving  in  of  the  bank  as  they  attempted  to 
climb  out  on  the  other  side.  The  strongholds  were  taken 
and  the  captives  released  on  the  day  of  the  battle;  during 
the  next  two  days  the  remnants  of  the  enemy  were  captured 
in  the  neighboring  towns,  so  that  scarcely  any  escaped. 
Never  was  so  bloody  a  victory  gained  over  so  savage  a  people. 


78    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 
29.     THE  IMPERIAL  CORONATION  OF  OTTO  I,  962. 

Continuation  of  Regino;  M.  G.  SS.  folio,  I,  p.  625. 

The  coronation  of  Otto  is  regarded  as  the  restoration  of  the  Holy 
Roman  Empire.  From  the  time  of  the  coronation  of  Arnulf  (896) 
(see  no.  23)  to  Otto's  first  expedition,  951,  the  German  kings  had 
been  too  much  occupied  at  home  to  interfere  in  Italy.  During  these 
years  Italy  had  been  the  scene  of  a  long  struggle  for  the  crown,  in 
which  the  papacy  had  taken  part  as  a  secular  power.  The  result 
was  feudal  anarchy  in  Italy  and  the  degradation  of  the  papacy. 
The  desire  to  restore  order  in  Italy,  to  revive  the  old  imperial  claims, 
and  to  reform  the  papacy,  led  Otto  to  accept  the  invitation  of  the 
pope  and  to  make  a  second  expedition  which  ended  in  the  coronation. 
Otto  thus  revived  the  Carolingian  policy  which  had  been  handed 
on  by  Arnulf.  The  union  of  Germany  and  Italy  to  form  the 
mediaeval  empire  was  made  certain  by  this  coronation.  The  kings 
of  Germany  were  pledged  to  the  maintenance  of  their  authority  in 
Italy,  a  policy  which  caused  them  to  waste  in  Italy  the  strength 
and  the  opportunity  which  they  should  have  used  to  build  up  a 
German  state. 

Anno  962.  King  Otto  celebrated  Christmas  at  Pavia  in 
this  year  [961],  and  went  thence  to  Rome,  where  he  was 
made  emperor  by  pope  John  XII  with  the'  acclamation  of 
all  the  Roman  people  and  clergy.  The  pope  entertained  him 
with  great  cordiality  and  promised  never  to  be  untrue  to  him 
all  the  days  of  his  life.  But  this  promise  had  a  very  different 
outcome  from  what  was  anticipated  by  them. 

(Otto  leaves  Rome  to  attack  Berengar,  who  claimed  to  be  king  of 
Italy,  and  his  sons  Adalbert  and  Guido.) 

963.  ...  In  the  meantime  pope  John,  forgetting  his 
promise,  fell  away  from  the  emperor  and  joined  the  party 
of  Berengar,  and  allowed  Adalbert  to  enter  Rome.  When 
Otto  heard  of  this  he  abandoned  the  siege  [of  San  Leo]  and 
hastened  with  his  army  to  Rome.  But  pope  John  and  Adal- 
bert, fearing  to  await  his  arrival,  seized  most  of  the  treasures 
of  St.  Peter  and  sought  safety  in  flight.  Xow  the  Romans 
were  divided  in  sympathy,  part  favoring  the  emperor  be- 
cause of  the  oppressions  of  the  pope,  and  part  favoring  the 


No.  31]  THE  EMPIRE  TO  1073  79 

papal  cause;  nevertheless,  they  received  him  in  the  city  with 
the  proper  respect,  and  gave  hostages  for  their  complete 
obedience  to  his  commands.  The  emperor  having  entered 
Eome,  called  together  there  a  large  number  of  bishops  and 
held  a  synod;  it  was  decided  at  this  synod  that  he  should 
send  an  embassy  after  the  pope  to  recall  him  to  the  apostolic 
seat.  But  when  John  refused  to  come,  the  Roman  people 
unanimously  elected  the  papal  secretary  Leo  [VIII]  to  fill 
his  place. 

30-31.  THE  ACQUISITION  OF  BURGUNDY  BY  THE  EMPIEE, 
1018-1032: 

30.  THIETMAR  OF  MERSEBURG. 

M.  G.  SS.  folio,  III,  p.  863. 

The  kingdom  of  Burgundy  or  Aries  was  formed  by  the  union  of 
the  two  small  kingdoms  of  Provence  and  Upper  Burgundy,  the  be- 
ginning of  which  is  told  in  Regino  ( see  no.  22 ) .  The  result  of 
the  acquisition  of  Burgundy  was  not  to  increase  the  territory  of 
Germany,  but  to  add  another  kingdom  to  the  empire,  which  now 
included  Germany,  Italy,  and  Burgundy. 

VIII,  5.  Now  I  shall  break  off  the  relation  of  these  nego- 
tiations in  order  to  tell  of  the  good  fortune  which  lately  befell 
our  emperor,  Henry  [II].  For  his  mother's  brother,  Rudolf, 
king  of  Burgundy,  had  promised  him  his  crown  and  sceptre 
in  the  presence  and  with  the  consent  of  his  wife  and  his 
step-sons  and  all  his  nobles,  and  now  this  promise  was  re- 
peated with  an  oath.  This  happened  at  Mainz  in  the  same 
year  [February,  1018]. 

31.  WIPO,  LIFE  OF  CONRAD  II. 

M.  G.  SS.  folio,  XI,  pp.  263  ff. 

8.  Rudolf,  king  of  Burgundy,  in  his  old  age  ruled  his 
realm  in  a  careless  fashion  and  thereby  aroused  great  dis- 
satisfaction among  his  nobles.  So  he  invited  his  sister's 
son,  the  emperor  Henry  II,  to  come  to  him,  and  he  desig- 


80    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

nated  him  as  his  successor  and  caused  all  the  nobles  of  his 
realm  to  swear  fealty  to  him.  .  v  .  Now  after  the  death  of 
Henry  [1024],  king  Rudolf  wished  to  withdraw  his  promise, 
but  Conrad  [II],  desiring  to  increase  rather  than  to  dimin- 
^ish  the  empire  and  to  reap  the  fruits  of  his  predecessor's 
efforts,  seized  Basel  in  order  to  force  Rudolf  to  keep  his 
promise.  But  queen  Gisela,  the  daughter  of  Rudolf's  sis- 
ter, brought  about  reconciliation  between  them. 

29.  In   the   year   of   our   Lord    1032,    Rudolf,    king   of 
Burgundy,  died,  and  count  Odo  of  Champagne,  his  sisters 
son,  invaded  the  kingdom  and  had  already  seized  many  cas- 
tles and  towns,  partly  by  treachery  and   partly  by   force. 
.     .     .     In  this  way  he  gained  a  large  part  of  Burgundy, 
although  the  kingdom  had  been  promised  under  oath  a  long 
time  before  by  Rudolf  to  Conrad  and  his  son,  king  Henry. 
But  while  Odo  was  doing  this  in  Burgundy,  emperor  Conrad 
was  engaged  in  a  campaign  against  the  Slavs.    .    ... 

30.  In  the  year  of   our  Lord   1033,   emperor    Conrad, 
with  his  son,  king  Henry,  celebrated  Christmas  at  Strass- 
burg.     From  there  he  invaded  Burgundy  by  way  of  Solo- 
thurn,  and  at  the  monastery  of  Peterlingen  on  the  day  of 
the  purification  of  the  Virgin  Mary   [February  2]  he  was 
elected  king  of  Burgundy  by  the  higher  and  lower  nobility, 
and  was  crowned  on  the  same  day. 

355.  HENRY  III  AND  THE  EASTERN  FRONTIER,  1040  TO 
1043. 

Lambert  of  Hersfeld,  Annals,  M.  G.  SS.  folio,  V,  pp.  152  f. 

The  expansion  of  Germany  to  the  east  was  slow  and  unstable. 
Poles,  Bohemians,  and  Hungarians  refused  to  remain  tributary,  but 
took  every  opportunity  to  rebel  against  the  Germans.  We  give  a 
few  passages  from  Lambert's  Annals  to  show  that  Henry  III  was 
aware  of  the  policy  bequeathed  him  by  his  predecessors,  although 
he  was  not  very  successful  in  his  efforts  to  carry  it  into  effect. 

Anno  1040.  King  Henry  [III]  led  an  army  into  Bo- 
hemia, but  suffered  heavy  losses.  Among  others,  count  Wer- 


No.  32]  THE  EMPIRE  TO  1073  81 

ner  and  the   standard  bearer   of  the  monastery  of  Fulda 
were  slain. 

Peter,  king  of  Hungary,  was  expelled  by  his  people.  He 
fled  to  Henry  and  asked  his  aid. 

1041.  King  Henry  entered  Bohemia  a  second  time  and 
compelled  their  duke,  Bretislaw,  to  surrender.    He  made  his 
territory  tributary  to  Henry. 

Ouban,  who  had  usurped  the  crown  of  Hungary,  invaded 
Bavaria  and  Carinthia  (Kaernthen)  and  took  much  booty. 
But  the  Bavarians  united  all  their  forces,  followed  them, 
retook  the  booty,  killed  a  great  many  of  them,  and  put  the 
rest  to  flight. 

1042.  King  Henry  made  his  first  campaign  against  Hun- 
gary, and  put  Ouban  to  flight.     He  went  into  Hungary  as 
far  as  the  Raab  river,  took  three  great  fortresses,  and  received 
the  oath  of  fidelity  from  the  inhabitants  of  the  land. 

1043.  The  king  celebrated   Christmas  at  Goslar,  where 
the  duke  of  Bohemia  came  to  see  him.     He  was  kindly  re- 
ceived by  the  king,  honorably  entertained  for  some  time,  and 
at  length  sent  away  in  peace.     Ambassadors  came  to  him 
there  from  many  peoples,   and  among  them  those  of  the 
Rusci,  who  went  away  sad  because  Henry  refused  to  marry 
the  daughter  of  their  king.     Ambassadors  also  came  from 
the  king  of  Hungary  and  humbly  sued  for  peace.     But  they 
did  not  obtain  it,  because  king  Peter,  who  had  been  deposed 
and  driven  out  by  Ouban,  was  there  and  was  begging  for 
the  help  of  Henry  against  Ouban. 


II.     THE    PAPACY   TO     THE     ACCESSION    OF 
GREGORY   VII,    1O73 

The  chief  purpose  of  the  documents  offered  in  this  section  is  to 
illustrate  the  growth  of  the  papal  power  and  the  development  of 
the  conflicting  claims  of  the  empire  and  the  papacy.  The  organiza- 
tion of  the  church  was  a  matter  of  slow  growth,  and  at  first  the 
bishop  of  Rome  actually  exercised  ecclesiastical  authority  in  a  de- 
cisive way  only  in  his  own  diocese.  But  by  1073  the  organization 
of  the  church  was  so  developed  that  the  supremacy  of  the  pope  over 
the  church  and  ecclesiastical  affairs  in  the  west  was  in  a  fair  way 
of  becoming  an  accomplished  fact.  He  had  secured  the  sole  right 
to  be  called  pope,  universal,  and  apostolic. 

The  growth  of  his  temporal  power  is  even  more  clearly  marked. 
At  the  time  of  Constantine  the  bishop  of  Rome  had  no  temporal 
authority.  But  gradually  he  acquired  power  over  temporal  matters 
and  exercised  various  secular  and  even  imperial  prerogatives,  until 
Gregory  VII  found  it  easy  to  formulate  and  put  forth  the  claim 
that  the  pope  was  master  of  the  emperor  and  the  real  ruler  of  the 
world  even  in  temporal  things.  Before  1073  there  was  occasional 
friction  between  the  empire  and  the  papacy,  but  this  did  not  develop 
into  a  real  and  definite  struggle  for  world  supremacy  until  Gregory 
VII  became  pope. 

Selections  are  here  given  to  illustrate  ( 1 )  the  election  of  bishops, 
and  especially  the  early  election  of  the  bishop  of  Rome,  nos.  33,  34, 
37,  38;  (2)  the  chief  means  by  which  the  pope  acquired  recog- 
nition of  his  ecclesiastical  headship  in  the  west,  that  is,  his  mis- 
sionary work,  nos.  35,  39,  40;  (3)  the  rebellion  of  the  pope  against 
the  rule  of  the  Greek  emperors,  nos.  41,  42;  (4)  the  acquisition  of 
land  and  of  temporal  authority  by  the  pope,  nos.  36,  43-46,  54;  (5) 
the  development  of  specific  conflicting  claims  of  pope  and  emperor  re- 
garding the  election  and  consecration  of  the  pope,  the  creation  and 
coronation  of  the  emperor,  and  the  exercise  of  functions  which  had 
been  regarded  as  imperial,  nos.  47-53,  55-59. 

82 


No.  33]  THE  PAPACY  TO   1073  83 

33.  LEGISLATION  CONCERNING  THE  ELECTION  OF  BISH- 
OPS, FOURTH  TO  THE  NLNTH  CENTURY. 

Corpus  Juris  Canonici,  Dist.  LXIII,  c.  vi,  vii,  and  i. 

In  the  election  of  the  clergy,  especially  of  the  bishops,  it  was  some 
centuries  before  the  theory  and  the  practice  of  the  church  entirely 
agreed.  In  theory  the  laity  should  have  nothing  to  do  with  the 
election  of  the  clergy,  but  in  fact,  they  have,  at  various  times  and  in 
different  degrees,  exercised  authority  over  such  matters.  Thus,  for 
instance,  the  people  of  Rome  had  a  part  in  the  election  of  their 
bishop;  the  emperors  at  Constantinople,  at  first  in  person,  later 
through  the  exarch  at  Ravenna,  confirmed  his  election ;  Karl  the 
Great  and  his  successors  named  the  bishops  of  Germany;  Otto  I  and 
Henry  III  made  and  unmade  bishops  of  Rome.  This  state  of  affairs 
lasted  well  into  the  eleventh  century.  The  church  strove  more  and 
more  to  free  itself  from  all  outside  influence,  while  the  emperors 
struggled  to  retain  their  control  of  it. 

The  Corpus  Juris  Canonici  (Body  of  Canon  Law),  which  consists 
chiefly  of  decisions  of  church  councils  and  of  papal  decrees  and  bulls, 
is  the  code  of  laws  by  which  the  church  is  governed.  Frequent  addi- 
tions were  made  to  it  until  Gregory  XIII  (1572-85)  prepared  a 
standard  edition  of  it.  It  has  been  republished  a  great  many  times. 
For  the  sake  of  brevity  we  have  made  use  of  a  few  of  its  chapters 
here  instead  of  the  longer  originals  from  which  they  are  taken. 

C.  vi.  Laymen  have  not  the  right  to  choose  those  who 
are  to  be  made  bishops. 

*     (From  the  Council  of  Laodicaea,  fourth  century.) 

C.  vii.  Every  election  of  a  bishop,  priest,  or  deacon, 
which  is  made  by  the  nobility  [that  is,  emperor,  or  others 
in  authority],  is  void,  according  to  the  rule  which  says: 
"  If  a  bishop  makes  use  of  the  secular  powers  to  obtain  a 
diocese,  he  shall  be  deposed  and  those  who  supported  him 
shall  be  cast  out  of  the  church." 

(From  the  third  canon  of  the  second  council  at  Nicaea,  787,  quoting  the  30th 
canon  of  the  Apostolic  Constitutions;  Mansi,  XVI,  748.) 

C.  i.  No  layman,  whether  emperor  or  noble,  shall  inter- 
fere with  the  election  or  promotion  of  a  patriarch,  metro- 
politan, or  bishop,  lest  there  should  arise  some  unseemly 
disturbance  or  contention;  especially  since  it  is  not  fitting 


84    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

that  any  layman  or  person  in  secular  authority  should  have 
any  authority  in  such  matters.  ...  If  any  emperor  or 
nobleman,  or  layman  of  any  other  rank,  opposes  the  canon- 
ical election  of  any  member  of  the  clergy,  let  him  be 
anathema  until  he  yields  and  accepts  the  clear  will  of  the 
church  in  the  election  and  ordination  of  the  bishop. 

(From  the  twenty-second  canon  of  the  eighth  synod  of  Constantinople,  869: 
Mansi,  XVI,  174  f.) 

34.  THE  POPE  MUST  BE  CHOSEN  FROM  THE  CARDINAL 
CLERGY  OF  ROME,  769. 

Enactment  of  a  Latin  council  held  by  Stephen  III,  769,  Cor.  Jur.  Can.,  Dist- 
LXXIX.     (See  also  Mansi,  XII,  719.) 

C.  iii.  It  is  necessary  that  our  mistress  the  holy  Eoman 
Catholic  church  be  governed  properly,  and  in  accordance 
with  the  precedents  established  by  St.  Peter  and  his  suc- 
cessors, and  that  the  pope  be  chosen  from  the  cardinal  priests 
or  cardinal  deacons.  C.  iv.  No  one,  whether  layman  or 
clergyman,  shall  presume  to  be  made  pope  unless  he  has 
risen  through  the  regular  grades  *  at  least  to  the  rank  of 
cardinal  deacon  or  has  been  made  a  cardinal  priest. 

i  The  grades  are  given  as  follows  in  the  Cor.  Jur.  Can.,  Dist. 
LXXVII,  c.  i.  The  candidate  for  the  office  of  bishop  must  first  havp 
been  doorkeeper  (ost-iarius) ,  then  reader  (lector),  then  exorcist 

(exorcista),  then  consecrated  as  an  acolyte  (acolythus) ,  then  sub- 
deacon  ( subdiaconus ) ,  then  deacon  (diaconus) ,  then  priest  (presby- 
ter), and  then  if  he  is  elected  he  may  be  ordained  bishop.  The  law 
expressed  in  chap,  iii,  so  thoroughly  in  the  interests  of  the  ambi- 
tious clergy  of  Rome,  was  not  long  observed,  for  it  frequently  hap- 
pened that  the  bishop  of  some  other  city  was  chosen  pope.  But  it 
was  in  accord  with  previous  legislation.  The  church  had  early 
declared  against  the  removal  of  a  clergyman  from  one  congregation 
to  another.  Thus  the  council  of  Nicaea,  325,  in  its  fifteenth  canon 

(cf.  Hefele,  Conciliengeschichte,  I,  pp.  418  f),  "forbids  bishops, 
priests,  and  deacons  to  move  from  one  town  (congregation)  to  an- 
other, because  such  a  practice  is  against  the  rule  of  the  church  and 
has  often  caused  disturbances  and  divisions  between  congregations.  If 
any  bishop,  priest,  or  deacon  disobeys  this  command  and  removes 


No.  35]  THE  PAPACY  TO    1073  85 

to  another  congregation,  his  action  shall  be  illegal,  and  he  shall  be 
sent  back  to  the  congregation  which  he  was  serving."  , 

35.    THE  PETRINE  THEORY  AS  STATED  BY  LEO  I,  440-61. 

Migne,  64. 

Leo  I  (440-61)  made  frequent  use  of  the  Petrine  theory.  In  brief 
this  theory  is  that  to  Peter  as  the  prince  of  the  apostles  was  com- 
mitted the  supreme  power  over  the  church.  To  him  the  keys  were 
intrusted  in  a  special  manner.  In  this  consisted  his  primacy,  his 
superiority  over  the  other  apostles.  This  primacy  or  first  rank  he 
communicated  to  his  successors,  the  bishops  of  Rome,  who,  by  virtue 
of  being  his  successors,  held  the  same  primacy  over  the  church  and 
over  all  other  bishops  as  Peter  held  over  the  other  apostles.  The  pas- 
sage on  which  this  theory  is  based  is  found  in  Matt.  16:18  f:  "And 
I  say  unto  thee,  That  thou  art  Peter,  and  upon  this  rock  I  will  build 
my  church ;  and  the  gates  of  hell  shall  not  prevail  against  it.  And  I 
will  give  unto  thee  the  keys  of  the  kingdom  of  heaven:  and  what- 
soever thou  shalt  bind  on  earth  shall  be  bound  in  heaven:  and  what- 
soever thou  shalt  loose  on  earth  shall  be  loosed  in  heaven." 

\Ve  offer  the  following  detached  passages  from  the  works  of  Leo  I 
to  illustrate  his  conception  of  the  theory. 

Col.  628.  Our  Lord  Jesus  Christ,  the  Saviour  of  the 
world,  caused  his  truth  to  be  promulgated  through  the  apos- 
tles. And  while  this  duty  was  placed  on  all  the  apostles,  the 
Lord  made  St.  Peter  the  head  of  them  all,  that  from  him 
as  from  their  head  his  gifts  should  flow  out  into  all  the 
body.  So  that  if  anyone  separates  himself  from  St.  Peter 
he  should  know  that  he  has  no  share  in  the  divine  blessing. 

Col.  656.  If  any  dissensions  in  regard  to  church  matters 
and  the  clergy  should  arise  among  you,  we  wish  you  to  settle 
them  and  report  to  us  all  the  terms  of  the  settlement,  so 
that  we  may  confirm  all  your  just  and  reasonable  decisions. 

Col.  995.  Constantinople  has  its  own  glory  and  by  the 
mercy  of  God  has  become  the  seat  of  the  empire.  But  secu- 
lar matters  are  based  on  one  thing,  ecclesiastical  matters  on 
another.  For  nothing  will  stand  which  is  not  built  on  the 
rock  [Peter]  which  the  Lord  laid  in  the  foundation  [Matt. 
16:18].  .  .  .  Your  city  "is  royal,  but  you  cannot  make  it 


86    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

apostolic  [as  Rome  is,  because  its  church  was  founded  by 
St.  Peter]. 

Col.  1031.  You  will  learn  with  what  reverence  the  bishop 
of  Rome  treats  the  rules  and  canons  of  the  church  if  you 
read  my  letters  by  which  I  resisted  the  ambition  of  the 
patriarch  of  Constantinople,  and  you  will  see  also  that  I  am 
the  guardian  of  the  catholic  faith  and  of  the  decrees  of  the 
church  fathers. 

Col.  991.  On  this  account  the  holy  and  most  blessed 
pope,  Leo,  the  head  of  the  universal  church,  with  the  con- 
sent of  the  holy  synod,  endowed  with  the  dignity  of  St. 
Peter,  who  is  the  foundation  of  the  church,  the  rock  of  the 
faith,  and  the  door-keeper  of  heaven,  through  us,  his  vicars, 
deprived  him  of  his  rank  as  bishop,  etc.  [From  a  letter  of 
his  legates.]  • 

Col.  615.  And  because  we  have  the  care  of  all  the 
churches,  and  the  Lord,  who  made  Peter  the  prince  of  the 
apostles,  holds  us  responsible  for  it,  etc. 

Col.  881.  Believing  that  it  is  reasonable  and  just  that  as 
the  holy  Roman  church,  through  St.  Peter,  the  prince  of  the 
apostles,  is  the  head  of  all  the  churches  of  the  whole  world, 
etc. 

Col.  147.  This  festival  should  be  so  celebrated  that  in 
my  humble  person  he  [Peter]  should  be  seen  and  honored 
who  has  the  care  over  all  the  shepherds  and  the  sheep  com- 
mitted to  him,  and  whose  dignity  is  not  lacking  in  me,  his 
heir,  although  I  am  unworthy. 

36.  THE  EMPEROR  GIVES  THE  POPE  AUTHORITY  IN  CER- 
TAIN SECULAR  MATTERS. 

The  Pragmatic  Sanction  of  Justinian,  554;  M.  G.  LL.  folio,  V,  p.  175. 
One  of  the  chief  effects  of  the  invasions  of  the  barbarians  was 
an  increased  lawlessness  and  disorder  throughout  the  territory  in 
which  they  settled.  The  administration  of  justice  was  seriously 
disturbed  by  their  presence  in  the  country,  and  the  machinery  of 
government  was,  to  a  certain  exteht,  destroyed  by  them.  Under 


No.  37]  THE  PAPACY  TO   1073  87 

these  circumstances  the  clergy,  by  virtue  of  their  office  and  charac- 
ter, were  looked  on  as  representatives  of  law,  order,  and  justice, 
and  they  were  quite  naturally  given  a  voice  in  the  administration 
of  justice  and  in  the  general  management  of  affairs.  The  selections 
from  the  pragmatic  sanction,  which  Justinian  issued  in  554,  show 
in  part  the  use  which  he  made  of  the  bishop  of  Rome  to  restore  and 
secure  order  and  good  government  in  Italy  after  the  long,  destructive, 
and  demoralizing  wars  which  he  waged  with  the  East  Goths. 

§  12.  The  bishops  and  chief  men  shall  elect  officials  for 
each  province  who  shall  be  qualified  and  able  to  administer 
its  government,  etc. 

§  19.  That  there  may  be  no  opportunity  for  fraud  or 
loss  to  the  provinces,  we  order  that,  in  the  purchase  and  sale 
of  all  kinds  of  produce  [grain,  wine,  oil,  etc.]  and  in  the 
payment  and  receipt  of  money,  only  those  weights  and  meas- 
ures shall  be  used  which  we  have  established  and  put  under 
the  control  of  the  pope  and  of  the  senate. 

37.  THE  EMPEROR  HAS  THE  RIGHT  TO  CONFIRM  THE 
ELECTION  OF  THE  BISHOP  OF  ROME,  ca.  650.  A  LETTER 
FROM  THE  CHURCH  AT  ROME  TO  THE  EMPEROR  AT  CON- 
STANTINOPLE, ASKING  HIM  TO  CONFIRM  THE  ELECTION  OF 
THEIR  BISHOP. 

Liber  Diurnus,  no.  58,  Roziere's  edition,  pp.  103  ff;  Von  Sickel's  edition,  pp. 
47  ff. 

For  a  long  time  the  emperor  at  Constantinople  had  exercised  the 
right  of  confirming  the  election  of  the  bishop  of  Rome.  No  one 
could  be  ordained  and  consecrated  pope  until  his  election  had  been 
confirmed  by  the  emperor. 

The  Liber  Diurnus  is  a  collection  of  .letters  or  formulas  which 
were  used  by  the  papal  secretaries  as  models  in  drawing  up  the 
pope's  letters.  This  particular  collection  was  in  use  at  the  papal 
court  from  about  600  to  900  A.D.  .  When  it  became  necessary  to 
write  to  the  emperor  at  Constantinople  to  secure  his  confirmation 
of  the  election  of  a  bishop  of  Rome,  a  secretary  would  copy  this 
letter,  inserting  the  proper  names  in  the  appropriate  places  and 
making  such  other  changes  in  its  wording  as  might  be  necessary  to 
fit  the  particular  case. 


Although  God  himself  has  brought  about  such  harmony 
and  unity  in  the  election  of  a  successor  to  the  pope  who  has 
just  died  that  there  is  scarcely  one  that  opposes  it,  it  is 
necessary  that  we  humbly  pour  out  the  prayers  of  our  peti- 
tion to  our  most  serene  and  pious  lord  who  is  known  to 
rejoice  in  the  harmony  of  his  subjects  and  graciously  To 
grant  what  they  unite  in  asking.  Now,  when  our  pope 
(name),  of  blessed  memory,  died,  we  all  agreed  in  the  elec- 
tion of  (name),  venerable  archdeacon  of  the  apostolic  see, 
because  from  his  early  youth  he  had  served  in  this  church 
and  had  shown  himself  so  able  in  all  things  that  on  the 
score  of  his  merits  he  deserved  to  be  put  at  the  head  of  the 
government  of  the  church;  especially  since  he  was  of  such  a 
character  that  with  the  help  of  Christ  and  by  constant,  asso- 
ciation with  the  aforesaid  most  blessed  pope  (name),  he  has 
attained  to  the  same  high  merits  with  which  his  predecessor 
(name),  of  blessed  memory,  was  graced;  with  his  eloquence, 
he  stirred  within  us  a  desire  for  the  holy  joys  of  heaven;  so 
we  confidently  believe  that  what  we  have  lost  in  his  prede- 
cessor we  have  found  again  in  him.  Therefore,  with  tears, 
all  your  servants  beg  that  you,  our  lord,  may  deign  to  grant 
our  petition  and  accede  to  our  wishes  concerning  the  ordina- 
tion of  him  whom  we  have  elected,  and,  to  the  glory  of  the 
realm,  authorize  his  ordination;  that  thus,  after  you  have 
established  him  over  us  as  our  pastor,  we  may  constantly 
pray  for  the  life  and  government  of  our  lord  the  emperor 
to  the  omnipotent  Lord  and  to  St.  Peter,  over  whose  church, 
with  your  permission,  a  worthy  governor  is  now  to  be 
ordained. 

Signatures  of  the  clergy: 

I,  (name),  by  the  mercy  of  God,  priest  of  the  holy  Eoman 
Church,  have  signed  this  our  action  regarding  (name),  ven- 
erable archdeacon  of  the  holy  apostolic  see,  our  pope  elect. 

Signatures  of  the  laity: 

I,   (name),  your  servant,  have  with  full  consent  signed 


No.  38]  THE  PAPACY  TO   1073  89 

this  our  action  regarding  (name),  venerable  archdeacon  of 
the  holy  apostolic  see,  our  pope  elect. 

38.  A  LETTER  FROM  THE  CHURCH  AT  HOME  TO  THE 
EXARCH  AT  RAVENNA,  ASKING  HIM  TO  CONFIRM  THE  ELEC- 
TION OF  THEIR  BISHOP,  ca.  600. 

Liber  Diurnus,  no.  60,  Roziere's  edition,  pp.  110  ff;  Von  Sickel,  pp.  50  ff. 
As  is  clear  from  the  preceding  number,  the  confirmation  of  the 
election  of  the  bishop  of  Rome  was  in  the  hands  of  the  emperor. 
His  residence  was  at  Constantinople,  but  he  was,  of  course,  not 
always  to  be  found  there.  Because  of  his  distance  from  Rome  it 
might  take  several  months  to  secure  his  confirmation.  Such  delays 
interfered  with  the  administration  of  the  office  and  were  very  bur- 
densome to*  the  Romans  because  the  pope  had  a  large  share  in  the 
government  of  the  city.  Until  their  new  bishop  was  confirmed  the 
government  of  the  city  was  almost  at  a  standstill.  So,  in  the  sev- 
enth century,  the  emperor,  at  the  request  of  the  Romans,  commis- 
sioned his  exarch  at  Ravenna  to  act  for  him  in  this  matter. 

To  the  most  excellent  and  exalted  lord  (may  God  gra- 
ciously preserve  him  to  us  for  a  long  life  in  his  high  office), 
(name),  exarch  of  Italy,  the  priests,  deacons,  and  all  the 
clergy  of  Rome,  the  magistrates,  the  army,  and  the  people 
of  Eome,  as  suppliants,  send  greeting. 

Providence  is  able  to  give  aid  and  to  change  the  weeping 
and  groaning  of  the  sorrowing  into  rejoicing,  that  those  who 
were  recently  smitten  down  with  affliction  may  afterward  be 
fully  consoled.  For  the  poet  king,  from  whose  prophetic 
heart  the  Holy  Spirit  spoke,  has  said :  "  Weeping  may  en- 
dure for  a  night,  but  joy  cometh  in  the  morning"  [Ps. 
30:5].  And  again,  giving  thanks  to  God,  he  sings  of  the 
greatness  of  his  mercies,  and  says :  "  Thou  hast  turned  for 
me  my  mourning  into  dancing:  thou  hast  put  off  my  sack- 
cloth, and  girded  me  with  gladness:  to  the  end  that  my 
glory  may  sing  praise  to  thee,  and  not  be  silent"  [Ps.  30: 
11-12].  For  he  careth  for  us  [1  Peter,  5:7]  as  that 
chosen  vessel  [Peter]  and  our  confession  of  faith  declare. 


90    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

For.  the  things  which  were  causing  sadness  He  has  changed 
to  rejoicing  and  has  mercifully  given  aid  to  us,  unworthy 
sinners.  Now,  our  pope  (name)  having  been  called  from 
present  cares  to  eternal  rest,  as  is  the  lot  of  mortals,  a  great 
load  of  sorrow  oppressed  us,  deprived,  as  we  were,  of  our 
guardian.  But  because  we  hoped  in  God,  He  did  not  per- 
mit us  long  to  remain  in  this  affliction.  For  after  we  had 
spent  three  days  in  prayer  that  He  would  deign  to  make 
known  to  all  who  was  worthy  and  should  be  elected  pope, 
with  the  aid  of  his  grace  which  inspired  our  minds,  we  all 
came  together  in  the  accustomed  manner;  that  is,  the  clergy 
and  the  people  of  Rome,  the  nobility  and  the  .army,  as  we 
say,  from  the  least  to  the  greatest;  and  the  election,  with 
the  help  of  God  and  the  aid  of  the  holy  apostles,  fell  upon 
the  person  of  (name),  most  holy  archdeacon  of  this  holy 
apostolic  see  of  the  church  of  Rome.  The  holy  and  chaste 
life  of  this  good  man,  beloved  of  God,  was  so  pleasing  to 
all  that  no  one  opposed  his  election,  and  no  one  dissented 
from  it.  Why  should  not  men  unanimously  agree  upon  him 
whom  the  incomparable  and  never  failing  providence  of  God 
had  foreordained  to  this  office?  For  without  doubt  this  had 
been  determined  on  in  the  presence  of  God.  So,  solemnly 
fulfilling  God's  decrees  and  confirming  the  desires  of  our 
hearts  with  our  signatures,  we  have  sent  you  our  fellow- 
servants  as  the  bearers  of  this  writing,  (name),  most  holy 
bishop,  (name),  venerable  priest,  (name),  regionary  notary, 
(name),  regionary  subdeacon,  (names),  honorable  citizens, 
and  from  the  most  flourishing  and  successful  army  of  Eome, 
(name),  most  eminent  consul,  and  (names),  chief  men, 
tribunes  of  the  army,  together  most  earnestly  begging  and 
praying  that  you  may  approve  our  choice.  For  he  who  has 
been  unanimously  elected  by  us,  is,  so  far  as  man  can  dis- 
cern, above  reproach.  And  therefore  we  beg  and  beseech 
you  to  grant  our  petition  quickly,  because  there  are  many 
matters  arising  daily  which  require  the  solicitous  care  and 


No.  38]  THE  PAPACY  TO   1073  91 

attention  of  a  pope.  And  the  affairs  of  the  province  and  all 
things  connected  therewith  also  need  and  are  awaiting  some 
one  to  control  them.  Besides  we  need  some  one  to  keep  the 
neighboring  enemy  in  check,  a  thing  which  can  be  done  only 
by  the  power  of  God  and  of  the  prince  of  the  apostles, 
through  his  vicar,  the  bishop  of  Rome.  For  it  is  well  known 
that  at  various  times  the  bishop  of  Rome  has  driven  off  our 
enemies  by  his  warnings,  and  at  others  he  has  turned  them 
aside  and  restrained  them  with  his  prayers;  so  that  by  his 
words  alone,  on  account  of  their  reverence  for  the  prince  of 
the  apostles,  they  have  offered  voluntary  obedience;  and  thus 
they  whom  the,  force  of  arms  had  not  overcome  have  yielded 
to  papal  threats  and  prayers. 

Since  these  things  are  so,  again  and  again  we  beseech  you, 
our  exalted  lord,  with  the  aid  and  inspiration  of  God,  to 
perform  the  duty  of  your  imperial  office  by  granting  our 
request.  And  we,  your  humble  servants,  on  seeing  our  de- 
sires fulfilled,  may  then  give  unceasing  thanks  to  God  and 
to  you,  and  with  our  spiritual  pastor,  our  bishop,  enthroned 
on  the  apostolic  seat,  we  may  pour  out  prayers  for  the  life, 
health,  and  complete  victories  of  our  most  exalted  and  Chris- 
tian lords,  (names),  the  great  and  victorious  emperors,  that 
the  merciful  God  may  grant  manifold  victories  to  their  royal 
courage,  and  cause  them  to  triumph  over  all  peoples;  and 
that  God  may  give  them  joy  of  heart  because  the  -ancient 
rule  of  Rome  has  been  restored.  For  we  know  that  he  whom 
we  have  elected  pope  can,  with  his  prayers,  influence  the 
divine  Omnipotence;  and  he  has  prepared  a  joyful  increase 
for  the  Roman  empire,  and  he  will  aid  you  in  the  govern- 
ment of  this  province  of  Italy  which  is  subject  to  you,  and 
he  will  aid  and  protect  all  of  us,  your  servants,  through 
many  years. 

Signatures  of  the  clergy: 

I,  (name),  humble  archpriest  of  the  holy  Roman  church, 
have  with  full  consent  subscribed  to  this  document  which  we 


92     SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

have  made  concerning  (name),  most  holy  archdeacon,  our 
bishop  elect. 

And  the  signatures  of  the  laity: 

I,  (name),  in  the  name  of  God,  consul,  have  with  full 
consent  subscribed  to  this  document  which  we  have  made 
concerning  (name),  most  holy  archdeacon,  our  bishop  elect. 

39.  GREGORY  I  SENDS  MISSIONARIES  TO  THE  ENGLISH, 
596. 

Bede-'s  Ecclesiastical  History  of  the  English,  Bk.  I,  chs.  23  and  25. 

The  pope  secured  recognition  of  his  supremacy  largely  because 
much  of  the  west  was  Christianized  through  his  efforts.  The  mission 
established  by  Augustine  in  England  was  one  of  the'  most  important 
missionary  undertakings  of  the  pope  because  it  succeeded  in  making 
England  Roman  Catholic.  And  not  only  that,  but  after  the  con- 
version of  Engjand,  Englishmen  were  largely  instrumental  in  Chris- 
tianizing many  parts  of  Europe  and  in  subjecting  them  to  the 
bishop  of  Rome.  Thus  it  was  an  Englishman,  Boniface,  who  organ- 
ized the  church  in  Germany  and  put  it  under  papal  control.  By 
English  and  German  missionaries  the  barbarians  to  the  north  and 
east  of  Germany,  that  is,  the  Danes,  Norwegians,  Swedes,  Poles, 
Bohemians,  and  Hungarians,  were  Christianized  and  made  tributary 
to  the  pope. 

23.  .  .  '  .  Gregory  was  divinely  led  to  send  Augus- 
tine, the  servant  of  God,  and  with  him  several  other  pious 
monks  to  preach  the  word  of  God  to  the  English.  .  .<„.  .- 

25.  ...  So  Augustine  and  the  servants  of  Christ 
who  were  with  him  came  into  Britain.  At  that  time  Ethel- 
bert  was  king  in  Kent.  He  was  a  powerful  king  and  had 
extended  the  boundaries  of  his  realm  to  the  Humber  river, 
which  separates  the  English  of  the  north  from  those  of 
the  south.  On  the  east  shore  of  Kent  there  is  a  small 
island  called  Thanet,  about  large  enough  for  600  families, 
according  to  the  .English  way  of  reckoning.  .  .  .  Here 
Augustine,  the  servant  of  the  Lord,  landed  with  his  com- 
panions, who,  it  is  said,  numbered  about  forty.  At  the  sug- 
gestion of  the  pope,  they  brought  with  them  some  Franks 


No.  40]  THE  PAPACY  TO  1073  93 

as  interpreters.  They  sent  word  to  Ethelbert  that  they  had 
come  from  Rome,  bearing  good  tidings  which  would  surely 
bring  to  all  who  obeyed  them  eternal  joy  in  heaven  and  a 
kingdom  without  end  with  the  true  and  living  God.  The 
king  ordered  them  to  remain  where  they  were  and  to  be 
supplied  with  food  until  he  should  make  up  his  mind  what 
to  do  with  regard  to  them.  For  he  already  knew  about 
Christianity.  Indeed  his  wife,  Bertha,  of  the  royal  family 
of  the  Franks,  was  a  Christian.  Her  family  had  consented 
to  her  marriage  with  Ethelbert  only  on  the  condition  that 
she  should  be  permitted  to  remain  faithful  to  her  religion, 
and,  to  aid  her  in  this,  they  had  sent  with  her  a  bishop 
named  Liudhard. 

After  some  days  the  king  came  to  Thanet  and  ordered 
Augustine  and  his  companions  to  come  to  him.  ...  At 
the  command  of  the  king  they  sat  down,  and  after  they  had 
preached  the  word  of  God  to  the  king  and  his  companions, 
he  responded  as  follows :  "  Beautiful  indeed  are  your  words 
and  the  promises  which  you  make.  But  because  they  are 
new  and  untried  I  cannot  accept  them  and  desert  those 
things  which  I  and  all  the  English  have  held  for  so  long. 
However,  since  you  are  strangers  and  have  come  so  far,  and 
since  I  see  that  you  desire  to  share  with  us  those  things 
which  you  think  are  true  and  best,  we  do  not  wish  to  offend 
you.  On  the  contrary,  we  extend  to  you  our  gracious  hos- 
pitality and  will  supply  you  with  the  necessities  of  life. 
And  you  may  also  preach,  and  convert  to  your  faith  as  many 
as  you  can."  And  he  gave  them  a  dwelling-place  in  Can- 
terbury, which  is  the  chief  city  of  his  kingdom. 

40.     THE  OATH  OF  BONIFACE  TO  POPE  GREGORY  II,  723. 

Migne,  89,  cols.  803  ff. 

Although  the  Franks  accepted  Christianity  in  496,  they  had  made 
little  progress  in  ecclesiastical  discipline  and  in  the  knowledge  of 
Christian  doctrine.  Heathen  beliefs  and  practices  were  mixed  with 
their  Christianity,  and  the  clergy  were  ignorant  and  undisciplined. 


The  influence  and  authority  of  the  pope  did  not  extend  to  them. 
Boniface  was  an  Englishman,  a  monk,  and  a  devoted  supporter  of 
the  doctrine  of  papal  supremacy.  He  spent  his  life  as  a  missionary 
among  the  Germans  and  gained  the  title  of  the  "  apostle  of  Ger- 
many." From  715  to  his  death  in  754  he  labored  with  untiring  zeal 
to  convert  them  and  to  attach  them  to  Rome.  He  visited  Rome  sev- 
eral times  to  secure  the  pope's  consent  and  blessing  on  his  \vork, 
and  bound  himself  by  an  oath  to  labor  for  the  advancement  of  papal 
interests.  He  established  bishoprics  which  became  famous,  such 
as  Wiirzburg,  Eichstadt,  and  Erfurt,  and  monasteries,  such  as  Fritz- 
lar,  and  Fulda.  By  his  efforts  the  German  church  was  bound 
firmly  to  Rome  and  the  pope's  authority  established  over  the  church 
in  Germany. 

The  pope  required  the  newly  elected  bishops  of  his  diocese  to  take 
an  oath  to  be  obedient  and  true  to  him.  The  unity  of  the  church . 
was  to  be  secured  by  the  obedience  of  all  to  one  head,  that  is,  the 
pope.  So  when  the  Lombards  were  converted  to  the  orthodox  faith 
the  pope  required  their  bishops  to  take  the  same  oath  to  him  as 
did  the  bishops  of  his  diocese.  Their  oath  is,  with  the  exception 
of  a  few  phrases,  identical  with  this  oath  of  Boniface.  That  is, 
the  pope  regarded  Lombardy  and  Germany  as  having  the  same 
relation  to  him  as  did  his  own  diocese  about  Rome. 

I,  Boniface,  by  the  grace  of  God  bishop,  promise  thee, 
St.  Peter,  prince  of  the  apostles,  and  thy  vicar,  blessed  pope 
Gregory,  and  his  successors,  through  the  Father,  Son,  and 
Holy  Spirit,  the  inseparable  Trinity,  and  on  this  thy  most 
holy  body,  that  I  will  hold  the  holy  Catholic  faith  in  all  its 
purity,  and  by  the  help  of  God  I  will  remain  in  unity  wrth 
it,  without  which  there  is  no  salvation.  I  will  in  no  way 
consent  to  anyone  who  acts  against  the  unity  of  the  church, 
but,  as  I  have  said,  I  will  preserve  the  purity  of  my  faith 
and  give  my  support  to  thee  [St.  Peter]  and  to  thy  church, 
to  which  God  has  given  the  power  of  binding  and  loosing. 
and  to  thy  vicar,  and  to  his  successors.  And  if  I  find  out 
that  any  bishops  are  acting  contrary  to  the  ancient  rules  of 
the  holy  fathers,  I  will  have  no  communion  or  association 
with  them,  but  I  will  restrain  them  as  far  as  I  can.  But  if 
I  cannot  restrain  them  I  will  report  it  at  once  to  my  lord 


No.  41]  THE  PAPACY  TO  1073  95 

the  pope.  And  if  I  shall  ever  in  any  way,  by  any  deceit,  or 
under  any  pretext,  act  contrary  to  this  my  promise,  I  shall 
be  found  guilty  in  the  day  of  judgment,  and  shall  suffer  the 
punishment  of  Ananias  and  Sapphira,  who  presumed  to  try 
to  deceive  thee  about  their  possessions  and  to  lie  to  thee. 
This  text  of  my  oath,  I,  Boniface,  unworthy  bishop,  have 
written  with  my  own  hand,  and  have  placed  it  over  the  most 
holy  body  of  St.  Peter;  before  God  as  my  witness  and  judge, 
I  have  taken  this  oath,  which  also  I  promise  to  keep. 

41-42.  THE  EEBELLION  OP  THE  POPES  AGAINST  THE 
EMPEROR. 

41.  LETTER  OF  POPE  GREGORY  II  TO  THE  EMPEROR,  LEO 
III,  726  OR  727. 

Migne,  89,  cols.  521  ff 

From  the  days  of  Constantine  the  Great  the  emperors  assumed 
and  actually  exercised  extensive  authority  over  the  church,  presum- 
ing even  to  dictate  in  matters  which  concerned  the  doctrine  and 
practice  of  the  church.  Since  the  emperor  often  supported  doctrines 
which  the  bishop  of  Rome  held  to  be  heretical,  the  relations  between 
him  and  the  pope  became  more  and  more  strained.  The  harsh  way 
in  which  the  emperors  treated  the  popes  who  resisted  them  angered 
the  papal  adherents.  There  were  other  reasons  also  why  the  rule 
of  the  emperor  was  disliked  in  Rome,  and  so  it  soon  came  about 
that  the  people  of  Rome,  and  even  of  central  Italy,  looked  upon  the 
pope  as  the  head  of  the  opposition  to  the  emperor  and  heartily  sup- 
ported him  when  he  rebelled  against  the  Greek  rule. 

The  emperors  met  with  increasing  resistance  when  they  interfered 
with  the  bishop  of  Rome.  Pope  Vigilius  (547-554)  was  humiliated 
and  deposed  by  Justinian  and  died  in  exile.  Because  Martin  I 
(649-655)  resisted  the  emperor  in  a  doctrinal  matter,  Constans  II 
(642-668)  had  him  brought  as  a  prisoner  to  Constantinople  (653) 
and  afterward  exiled  him  to  the  Crimea.  But  Sergius  L  (687-701) 
successfully  resisted  the  emperor  and  escaped  arrest  and  deposition 
because  the  people  of  central  Italy  supported  him  and  threatened 
to  revolt  if  the  emperor  should  seize  and  carry  away  their  pope. 

The  struggle  about  the  use  of  images  gave  the  popes  an  oppor- 
tunity to  rebel  and  assert  their  complete  independence  of  the  em- 
peror. In  726  the  emperor,  Leo  III,  began  to  condemn  the  presence 


96    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

and  use  of  images  in  the  churches.  He  met  with  great  resistance, 
especially  in  the  west,  where  pope  Gregory  II  vigorously  defended 
the  images.  There  followed  a  heated  controversy,  in  the  course 
of  which  the  pope  laid  down  the  principle  that  the  emperor  has 
no  authority  in  ecclesiastical  matters.  In  the  letter  here  given 
Gregory  II  asserts  his  independence  and  practically  excommunicates 
the  emperor.  .And  Gregory  III  published  a  general  excommunica- 
tion of  all  iconoclasts,  as  those  who  destroyed  images  were  called. 
The  emperor  was  of  course  included  in  this  excommunication. 
Peace  was  never  again  established  between  the  pope  and  emperor, 
and  the  rebellion  of  the  west  was  consummated  in  800  when  pope 
Leo  III  crowned  Karl  the  Great  emperor. 

We  have  received  the  letter  which  you  sent  us  by  your 
ambassador  Eufinus.  We  are  deeply  grieved  that  you  should 
persist  in  your  error,  that  you  should  refuse  to  recognize 
the  things  which  are  Christ's,  and  to  accept  the  teaching  and 
follow  the  example  of  the  holy  fathers,  the  saintly  miracle- 
workers  and  learned  doctors.  I  refer  not  only  to  foreign 
doctors,  but  also  to  those  of  your  own  country.  For  what 
men  are  more  learned  than  Gregory  the  worker  of  miracles, 
Gregory  of  Nyssa,  Gregory  the  theologian,  Basil  of  Cappa- 
docia,  or  John  Chrysostom — not  to  mention  thousands  of 
others  of  our  holy  fathers  and  doctors,  who,  like  these,  were 
filled  with  the  spirit  of  God?  But  you  have  followed  the 
guidance  of  your  own  wayward  spirit  and  have  allowed  the 
exigencies  of  the  political  situation  at  your  own  court  to 
lead  you  astray.  You  say :  "I  am  both  emperor  and  bishop." 
But  the  emperors  who  were  before  you,  Constantine  the 
Great,  Theodosius  the  Great,  Valentinian  the  Great,  and 
Constantine  the  father  of  Justinian,  who  attended  the  sixth 
synod,  proved  themselves  to  be  both  emperors  and  bishops 
by  following  the  true  faith,  by  founding  and  fostering 
churches,  and  by  displaying  the  same  zeal  for  the  faith  as 
the  popes.  These  emperors  ruled  righteously;  they  held 
synods  in  harmony  with  the  popes,  they  tried  to  establish 
true  doctrines,  they  founded  and  adorned  churches.  Those 


No.  41]  THE  PAPACY   TO   1073  97 

who  claim  to  be  both  emperors  and  priests  should  demon- 
strate it  by  their  works;  you,  since  the  beginning  of  your 
rule,  have  constantly  failed  to  observe  the  decrees  of  the 
fathers.  Wherever  you  found  churches  adorned  and  en- 
riched with  hangings  you  despoiled  them.  For  what  are  our 
churches?  Are  they  not  made  by  hand  of  stones,  timbers, 
straw,  plaster,  and  lime?  But  they  are  also  adorned  with 
pictures  and  representations  of  the  miracles  of  the  saints, 
of  the  sufferings  of  Christ,  of  the  holy  mother  herself,  and 
of  the  saints  and  apostles;  and  men  expend  their  wealth  on 
such  images.  Moreover,  men  and  women  make  use  of  these 
pictures  to  instruct  in  the  faith-  their  little  children  and 
young  men  and  maidens  in  the  bloom  of  youth  and  those 
from  heathen  nations;  by  means  of  these  pictures  the  hearts 
and  minds  of  men  are  directed  to  God.  But  you  have  ordered 
the  people  to  abstain  from  the  pictures,  and  have  attempted 
to  satisfy  them  with  idle  sermons,  trivialities,  music  of  pipe 
and  zither,  rattles  and  toys,  turning  them  from  the  giving 
of  thanks  to  the  hearing  of  idle  tales.  You  shall  have  your 
part  with  them,  and  with  those  who  invent  useless  fables 
and  babble  of  their  ignorance.  Hearken  to  us,  emperor: 
abandon  your  present  course  and  accept  the  holy  church  as 
you  found  her,  for  matters  of  faith  and  practice  concern 
not  the  emperor,  but  the  pope,1  since  we  have  the  mind  of 
Christ  [1  Cor.  2:16].  The  making  of  laws  for  the  church 
is  one  thing  and  the  governing  of  the  empire  another;  the 
ordinary  intelligence  which  is  used  in  administering  worldly 
affairs  is  not  adequate  to  the  settlement  of  spiritual  matters. 
Behold,  I  will  show  you  now  the  difference  between  the  pal- 
ace and  the  church,  between  the  emperor  and  the  pope;  learn 
this  and  be  saved;  be  no  longer  contentious.  If  anyone 
should  take  from  you  the  adornments  of  royalty,  your  pur- 
ple robes,  diadem,  sceptre,  and  your  ranks  of  servants,  you 
would  be  regarded  by  men  as  base,  hateful,  and  abject;  but 
to  this  condition  you  have  reduced  the  churches,  for  you  have 


98    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

deprived  them  of  their  ornaments  and  made  them  unsightly. 
Just  as  the  pope  has  not  the  right  to  interfere  in  the  palace 
or  to  infringe  upon  the  royal  prerogatives,  so  the  emperor 
has  not  the  right  to  interfere  in  the  churches,  or  to  conduct 
elections  among  the  clergy,  or  to  consecrate,  or  to  admin- 
ister the  sacraments,  or  even  to  participate  in  the  sacraments 
without  the  aid  of  a  priest;  let  each  one  of  us  abide  in  the 
same  calling  wherein  he  is  called  of  God  [1  Cor.  7:20].  Do 
you  see,  emperor,  tKe  difference  between  popes  and  emper- 
ors? If  anyone  has  offended  you,  you  confiscate  his  house 
and  take  everything  from  him  but  his  life,  or  you  hang  him 
or  cu£  off  his  head,  or  you -banish  him,  sending  him  far  from 
his  children  and  from  all  his  relatives  and  friends.  But 
popes  do  not  so;  when  anyone  has  sinned  and  has  confessed, 
in  place  of  hanging  him  or  cutting  off  his  head,  they  put  the 
gospel  and  the  cross  about  his  neck,  and  imprison  him,  as 
it  were,  in  the  sacristy  or  the  treasure  chamber  of  the  sacred 
vessels;  they  put  him  into  the  part  of  the  church  reserved 
for  the  deacons  and  the  catechumens;  they  prescribe  for  him 
fasting,  vigils,  and  praise.  And  after  they  have  chastened 
and  punished  him  with  fasting,  then  they  give  him  of  the 
precious  body  of  the  Lord  and  of  the  holy  blood.  And  when 
they  have  restored  him  as  a  chosen  vessel,  free  from  sin, 
they  hand  him  over  to  the  Lord  pure  and  unspotted.  Do 
you  see  now,  emperor,  the  difference  between  the  church  and 
the  empire?  Those  emperors  who  have  lived  piously  in 
Christ  have  obeyed  the  popes,  and  not  vexed  them.  But 
you,  emperor,  since  you  have  transgressed  and  gone  astray, 
and  since  you  have  written  with  your  own  hand  and  con- 
fessed that  he  who  attacks  the  fathers  is  to  be  execrated, 
have  thereby  condemned  yourself  by  your  own  sentence  and 
have  driven  from  you  the  Holy  Spirit.  You  persecute  us 
and  vex  us  tyrannically  with  violent  and  carnal  hand.  We, 
unarmed  and  defenseless,  possessing  no  earthly  armies,  call 
now  upon  the  prince  of  all  the  armies  of  creation.  Christ 


No.  41]  THE  PAPACY  TO  1073  99 

seated  in  the  heavens,  commanding  all  the  hosts  of  celestial 
beings,  to  send  a  demon  upon  you;2  as  the  apostle  says: 
"  To  deliver  such  an  one  unto  Satan  for  the  destruction  of 
the  flesh,  that  the  spirit  may  be  saved"  [1  Cor.  5:5].  Do 
you  see  now,  emperor,  to  what  a  pitch  of  impudence  and 
inhumanity  you  have  gone?  You  have  driven  your  soul 
headlong  into  the  abyss,  because  you  would  not  humble  your- 
self and  bend  your  stubborn  neck.  When  a  pope  is  able  by 
his  teaching  and  admonition  to  bring  the  emperor  of  his 
time  before  God,  guiltless  and  cleansed  from  all  sin,  he  gains 
great  glory  from  Him  on  the  holy  day  of  resurrection,  when 
all  our  secrets  and  all  our  works  are  brought  to  light  to  our 
confusion  in  the  presence  of  his  angels.  But  we  shall  blush 
for  shame,  because  you  will  have  lost  your  soul  by  your  dis- 
obedience, while  the  popes  that  preceded  us  have  won  over 
to  God  the  emperors  of  their  times.  How  ashamed  we  will 
be  on  that  day,  that  the  emperor  of  our  time  is  false  and 
ignominious,  instead  of  great  and  glorious.  Now,  therefore, 
we  exhort  you  to  do  penance;  be  converted  and  turn  to  the 
truth;  obey  the  truth  as  you  found  and  received  it.  Honor 
and  glorify  our  holy  and  glorious  fathers  and  doctors  who 
dispelled  the  blindness  from  our  eyes  and  restored  us  to 
sight.  You  ask :  "  How  was  it  that  nothing  was  said  about 
images  in  six  councils  ?  "  3  What  then  ?  Nothing  was  said 
about  bread  or  water,  whether  that  should  be  eaten  or  not; 
whether  this  should  be  drunk  or  not;  yet  these  things  have 
been  accepted  from  the  beginning  for  the  preservation  of 
human  life.  So  also  images  have  been  accepted;  the  popes 
themselves  brought  them  to  councils,  and  no  Christian  would 
set  out  on  a  journey  without  images,  because  they  were  pos- 
sessed of  virtue  and  approved  of  God.  We  exhort  you  to  be 
both  emperor  and  bishop,  as  you  have  called  yourself  in  your 
letter.  But  if  you  are  ashamed  to  take  this  upon  yourself 
as  emperor,  then  write  to  all  the  regions  to  which  you  have 
given  offence,  that  Gregory  the  pope  and  Germanus  the  patri- 


100    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

arch  of  Constantinople  are  at  fault  in  the  matter  of  the 
images  [that  is,  are  responsible  for  the  destruction  of  the 
images],4  and  we  will  take  upon  ourselves  the  responsibility 
for  the  sin,  as  we  have  authority  from  God  to  loose  and  to 
bind  all  things,  earthly  and  celestial;  and  we  will  free  you 
from  responsibility  in  this  matter.  But  no,  you  will  not  do 
this !  Knowing  that  we  would  have  to  render  account  to 
Christ  the  Lord  for  our  office,  we  have  done  our  best  to 
convert  you  from  your  error,  by  admonition  and  warning, 
but  you  have  drawn  back,  you  have  refused  to  obey  us  or 
Germanus  or  our  fathers,  the  holy  and  glorious  miracle- 
workers  and  doctors,  and  you  have  followed  the  teaching  of 
perverse  and  wicked  men  who  wander  from  the  truth.  You 
shall  have  your  lot  with  them.  As  we  have  already  informed 
you,  we  shall  proceed  on  our  way  to  the  extreme  western 
regions,  where  those  who  are  earnestly  seeking  to  be  bap- 
tized are  awaiting  us.  For  although  we  have  sent  them 
bishops  and  clergymen  from  our  church,  their  princes  have 
not  yet  been  induced  to  bow  their  heads  and  be  baptized, 
because  they  hope  to  be  received  into  the  church  by  us  in 
person.  Therefore  we  gird  ourselves  for  the  journey  in  the 
goodness  of  God,  lest  perchance  we  should  have  to  render 
account  for  their  condemnation  and  for  our  faithlessness. 
May  God  give  you  prudence  and  patience,  that  you  may  be 
turned  to  the  truth  from  which  you  have  departed;  may  he 
again  restore  the  people  to  their  one  shepherd,  Christ,  and 
to  the  one  fold  of  the  orthodox  churches  and  prelates,  and 
may  the  Lord  our  God  give  peace  to  all  the  earth  now  and 
forever  to  all  generations.  Amen. 

1  Note  the  plain  statement  that  the  emperor  has  no  authority  in 
ecclesiastical  matters.     Observe  also  the  general  tone  of  the  whole 
letter. 

2  This  is  equivalent  to  the  excommunication  of  the  emperor.     But 
as   Gregory's   authority   was   not   recognized    in    Constantinople,    his 
excommunication  of  the  emperor  would  not  be  observed. 

3  The   first   six   general    councils   of   the   church   here    referred   to 


No.  43]  THE  PAPACY  TO   1073  101 

were  (1)  Nicaea,  325;  (2)  Constantinople,  381;  (3)  Ephesus,  431; 
(4)  Chalcedon,  451;  (5)  Constantinople,  553;  (6)  Constantinople, 
681. 

*  The  text  of  this  passage,  as  Migne  has  it,  is  perhaps  corrupt ; 
its  meaning,  at  any  rate,  is  obscure.  We  have  given  the  only  reason- 
able interpretation  that  seemed  possible.  Apparently  the  pope 
agrees  to  assume  the  responsibility  for  the  destruction  of  images 
in  the  past,  if  only  the  emperor  will  accept  the  papal  view  and 
cease  from  his  opposition  to  images  in  the  future. 

42.  GREGORY  III  EXCOMMUNICATES  ALL  ICONOCLASTS, 
731  A.D. 

Mansi,  XII,  cols.  272  f ;  Duchesne.  Liber  Pontificalis,  I,  p.  416. 
See  introductory  note  to  no.  41. 

The  pope  [Gregory  III]  made  a  decree  in  the  council 
that  if  anyone,  in  the  future,  should  condemn  those  who 
hold  to  the  old  custom  of  the  apostolic  church  and  should 
oppose  the  veneration  of  the  holy  images,  and  should  remove, 
destroy,  profane,  or  blaspheme  against  the  holy  images  of 
God,  or  of  our  Lord  Jesus  Christ,  or  of  his  mother,  the 
immaculate  and  glorious  Virgin  Mary,  or  of  the  apostles, 
or  of  any  of  the  saints,  he  should  be  cut  off  from  the  body 
and  blood  of  our  Lord  Jesus  Christ.  And  all  the  clergy 
present  solemnly  signed  this  decree. 

43.  THE  POPE,  GREGORY  III,  ASKS  AID  OF  THE  FRANKS 
AGAINST  THE  LOMBARDS,  739.    A  LETTER  OF  GREGORY  III 
TO  KARL  MARTEL. 

Jaffc,  IV,  p.  14. 

When  the  pope  was  attacked  by  the  Lombards  he  found  himself 
without  protection.  Aside  from  the  fact  that  the  Greek  emperor 
was  wholly  occupied  in  the  east,  the  pope  was  in  rebellion  against 
him  and  so  could  not  expect  aid  from  him.  Under  these  circum- 
stances there  was  nothing  to  do  but  seek  help  from  the  Franks. 
But  Karl  Martel  was  a  friend  of  the  Lombards  and  so,  although 
the  pope  appealed  to  him  more  than  once,  Karl  declined  to  give  him 
aid  and  to  interfere  in  the  affairs  of  Italy. 


102    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Pope  Gregory  to  his  most  excellent  son,  Karl,  sub-king. 

In  our  great  affliction  we  have  thought  it  necessary  to 
write  to  you  a  second  time,  believing  that  you  are  a  loving 
son  of  St.  Peter,  the  prince  of  apostles,  and  of  ourselves, 
and  that  out  of  reverence  for  him  you  would  obey  our  com- 1 
mands  to  defend  the  church  of  God  and  his  chosen  people. 
We  can  now  no  longer  endure  the  persecution  of  the  Lom- 
bards, for  they  have  taken  from  St.  Peter  all  his  possessions, 
even  those  which  were  given  him  by  you  and  your  fathers. 
These  Lombards  hate  and  oppress  us  because  we  sought 
protection  from  you;  for  the  same  reason  also  the  church 
of  St.  Peter  is  despoiled  and  desolated  by  them.  But  we 
have  intrusted  a  more  complete  account  of  all  our  woes  to 
your  faithful  subject,  our  present  messenger,  and  he  will 
relate  them  to  you.  You,  oh  son,  will  receive  favor  from 
the  same  prince  of  apostles  here  and  in  the  future  life  in 
the  presence  of  God,  according  as  you  render  speedy  aid  to 
his  church  and  to  us,  that  all  peoples  may  recognize  the 
faith  and  love  and  singleness  of  purpose  which  you  display 
in  defending  St.  Peter  and  us  and  his  chosen  people.  For 
by  doing  this  you  will  attain  lasting  fame  on  earth  and 
eternal  life  in  heaven. 

44-46.     THE  ACQUISITION  OF  LAND  BY  THE  POPE. 

44.     PROMISE  OF  PIPPIN  TO  POPE  STEPHEN  II,  753-54. 

Duchesne,  Liber  Pontificalia,  I,  pp.  447  ff. 

The  Lombards  entered  Italy  in  568  and  soon  established  them- 
selves in  the  valley  of  the  Po.  For  some  years  the  boundary  line 
between  them  and  the  Byzantine  possessions,  that  is,  the  lands  still 
held  by  the  emperor,  ran,  roughly  speaking,  from  Monselice  (near 
Padua)  west  to  Mantua,  then  southwest  to  Reggio,  then  northwest 
to  Parma,  then  southwest  to  Berceto  in  the  Apennines.  But  after 
Authari  (583-90)  became  king  of  the  Lombards  he  renewed  the 
war  of  conquest  which  had  been  interrupted  for  a  few  years.  He 
and  his  successors  conquered  the  Byzantine  possessions  bit  by  bit 
and  added  them  to  the  Lombard  kingdom.  In  this  way  Lombardy 
was  slowly  enlarged  and  the  Byzantine  land,  which  was  called  the 


No.  44]  THE  PAPACY  TO  1073  103 

"province  Italy"  (Italia  provincia),  was  correspondingly  reduced 
in  size.  Success  made  the  Lombard  kings  more  ambitious  and  led 
them  to  plan  the  conquest  of  all  Italy.  A  great  step  forward  was 
taken  in  749  when  Aistulf  took  Ravenna,  drove  out  the  exarch,  and 
put  an  end  to  the  Byzantine  rule  in  central  Italy.  Tuscany,  which 
was  separated  from  Liguria  by  a  line  from  Luna  to  Berceto,  was 
already  in  their  hands,  and  Corsica,  after  suffering  several  invasions, 
had  finally  been  occupied  by  them  in  the  eighth  century.  Venice, 
Istria,  and  the  duchies  of  Rome,  Spoleto,  and  Benevento  were  next 
attacked,  but  they  united  to  resist  their  common  enemy,  and  put 
themselves  under  the  protection  of  the  pope.  Under  these  circum- 
stances Stephen  II  (752-757)  saw  an  opportunity  to  unite  all  these 
provinces  and  to  make  himself  their  political  head.  He  determined 
to  try  to  succeed  to  the  power  of  the  emperor  in  Italy.  He  accord- 
ingly went  to  France  and  secured  the  promise  from  Pippin  to  give 
him  all  the  above-named  territories  and  to  force  the  Lombards  to 
withdraw  from  them  into  the  territory  which  they  had  first  occupied. 
See  no.  6.  It  was  an  ambitious  plan  which  Stephen  II  formed,  but 
he  could  not  carry  it  into  effect.  Pippin  fulfilled  his  promise  only 
in  part,  and  the  pope  was  content  with  a  few  cities  and  the  promise 
of  Aistulf  that  he  would  never  again  attack  any  of  the  territories 
named  in  Pippin's  promise.  Desiderius  (756-774),  however,  did  not 
keep  the  promise  which  Aistulf,  his  predecessor,  had  given,  but 
made  war  on  the  duchy  of  Rome.  Adrian  I  (772-795)  'called  on  Karl 
the  Great  to  come  to  his  aid.  Karl  came,  and,  while  spending 
Easter  (774)  at  Rome,  at  the  earnest  request  of  Adrian,  renewed 
the  promise  of  his  father.  But  Karl  did  not  keep  this  promise 
which  had  been  so  solemnly  made.  Contrary  to  the  wishes  of  the 
pope  he  made  himself  king  of  the  Lombards  and  thereby  inherited 
the  ambitions,  pretensions,  policy,  and  interests  of  the  Lombard 
kings.  The  situation  was  changed.  To  Karl,  as  well  as  to  the 
dukes  of  Benevento  and  Spoleto,  and  to  the  people  of  Istria,  an 
increase  in  the  power  of  the  pop'e  was  no  longer  a  desirable  thing. 
So  Karl  refused  to  keep  his  promise.  Adrian  angrily  protested. 
But  Karl  was  deaf  to  protests  and  threats.  Their  relations  were 
consequently  strained  for  some  time,  but  eventually  they  made  a 
compromise.  Karl  gave  him  certain  Tuscan  cities  and  some  taxes 
from  the  rest  of  Tuscany  and  from  Spoleto.  For  nearly  200  years 
the  promise  of  Pippin  lost  all  importance,  until  it  was  renewed  in 
962  by  Otto  I,  who  incorporated  it  in  his  famous  gift  to  John  XII. 
See  no.  54. 

When  the  king  learned  of  the  approach  of  the  blessed  pope, 


104    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

he  hastened  to  meet  him.,  accompanied  by  his  wife  and  sons 
and  nobles,  and  sent  his  son  Charles  and  certain  of  the  nobles 
nearly  one  hundred  miles  in  advance  to  meet  the  pope.  He 
himself,  however,  received  the  pope  about  three  miles  from 
his  palace  of  Pontico,  dismounting  and  prostrating  himself 
with  his  wife,  and  sons  and  nobles,  and  accompanying  the 
pope  a  little  distance  on  foot  by  his  saddle  as  if  he  were  his 
esquire.  Thus  the  pope  proceeded  to  the  palace  with  the 
king,  giving  glory  and  praise  to  God  in  a  loud  voice,  with 
hymns  and  spiritual  songs.  This  was  on  the  sixth  day  of 
the  month  of  January,  on  the  most  holy  festival  of  the 
Epiphany  of  our  Lord  Jesus  Christ.  And  when  they  were 
seated  in  the  palace  the  pope  began  to  beseech  the  king  with 
tears  to  make  a  treaty  with  St.  Peter  and  the  Eoman  state * 
and  to  assume  the  protection  of  their  interests.  And  the 
king  assured  the  pope  on  his  oath  that  he  would  strive  with 
all  his  powers  to  obey  his  prayers  and  admonitions  and  to 
restore  the  exarchate  of  Ravenna  and  the  rights  and  terri- 
tories of  the  Roman  state,  as  the  pope  wished.  .  .  . 

The  aforesaid  king  Pippin,  after  receiving  the  admoni- 
tions and  the  prayers  of  the  pope,  took  leave  of  him  and 
proceeded  to  the  place  called  Kiersy,2  and  called  together 
there  all  the  lords  of  his  kingdom,  and  by  repeating  to  them 
the  holy  admonitions  of  the  pope  he  persuaded  them  to 
agree  to  fulfil  his  promise  to  the  pope. 

1  Rome  is  evidently  regarded  as  the  possession  of  St.  Peter.     In 
that  case  the  administration  of  its  government  is  in  the  hands  of 
the  pope,  who  is  the  vicar  of  St.  Peter  on  earth. 

2  The  meeting  at  Kiersy  took  place  April  14,  754. 

45.     DONATION  OF  PIPPIN,  756. 

Duchesne,  Liber  Pont.,  I,  p.  454. 
See  introductory  note  to  no.  44. 

The  most  Christian  king  of  the  Franks  [Pippin]  de- 
spatched his  counsellor  Fulrad,  venerable  abbot  and  priest, 


No.  46]  THE   PAPACY  TO   1073  105 

to  receive  these  cities,  and  then  he  himself  straightway  re- 
turned to  France  with  his  army.  The  aforesaid  Fulrad  met 
the  representatives  of  King  Aistulf  at  Ravenna,  and  went 
with  them  through  the  various  cities  of  the  Pentapolis  and 
of  Emilia,  receiving  their  submission  and  taking  hostages 
from  each  and  bearing  away  with  him  their  chief  men  and 
the  keys  of  their  gates.  Then  he  went  to  Rome,  and  placed 
the  keys  of  Ravenna  and  of  the  other  cities  of  the  exarchate 
along  with  the  grant  of  them  which  the  king  had  made,  in 
the  confession  of  St.  Peter,1  thus  handing  them  over  to  the 
apostle  of  God  [Peter]  and  to  his  vicar  the  holy  pope  and 
to  all  his  successors  to  be  held  and  controlled  forever. 
These  are  the  cities :  Ravenna,  Rimini,  Pesaro,  Conca,  Fano, 
Cesena,  Sinigaglia,  Forlimpopoli,  Forli  with  the  fortress  of 
Sussubium,  Montefeltre,  Acerreagium,  Monte  Lucati,  Serra, 
San  Marino,  Bobbio,  Urbino,  Cagli,  Lucioli,  Gubbio,  Co- 
macle;  and  also  the  city  of  Narni,  which  in  former  years 
had  been  taken  from  the  duchy  of  Spoleto  by  the  Romans. 

i  The  grave  of  St.  Peter  is  under  the  high  altar  of  St.  Peter's  in 
Rome.  In  front  of  the  grave  and  on  the  same  level  with  it  is  a 
large  open  space  to  which  one  descends  by  a  flight  of  steps.  This 
open  space  in  front  of  the  tomb  is  called  the  "  confession  of  St. 
Peter." 

46.     PROMISE  OF  CHARLES  TO  ADRIAN  I,  774. 

Duchesne,  Liber  Pont.,  I  p.  498. 
See  introductory  note  to  no.  44. 

Now  on  Wednesday  the  aforesaid  pope  [Adrian]  came  to 
the  church  of  St.  Peter  the  apt>stle,  with  all  his  officials, 
both  ecclesiastical  and  military,  and  held  a  conference  with 
the  king  and  earnestly  besought,  admonished,  and  exhorted 
him  by  his  paternal  love  to  fulfil  the  promise  which  his 
father,  Pippin,  the  former  king,  and  he  himself  [that  is, 
Karl],  along  with  his  brother  Karlmann  and  all  the  officials 
of  the  Franks,  had  made  to  St.  Peter  and  to  his  vicar  the 


106    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

holy  pope,  Stephen  II,  of  blessed  memory,  when  he  went  to 
France;  that  is,  to  give  to  St.  Peter  and  to  all  his  vicars 
certain  cities  and  their  territories  in  the  province  of  Italy 
to  be  held  forever.  And  when  the  king  had  caused  them  to 
read  to  him  that  promise  which  had  been  made  at  Kiersy 
in  France,  he  and  his  officials  ratified  all  its  provisions. 
And  of  his  own  will  and  gladly  the  aforesaid  Karl,  the  most 
excellent  and  truly  Christian  king  of  the  Franks,  ordered 
another  promise  of  the  gift,  an  exact  copy  of  the  former,  to 
be  drawn  up  by  Etherius,  his  chaplain  and  notary,  in  which 
he  granted  to  St.  Peter  the  same  cities  and  their  territories, 
and  promised  that  they  would  be  handed  over  to  the  pope 
according  to  the  designated  boundaries  as  they  were  con- 
tained in  that  gift;  that  is,  Corsica,  and  from  Luna  to 
Suriano,  thence  over  the  Apennines  to  Berceto,  thence  to 
Parma,  thence  to  Reggio,  and  thence  to  Mantua  and  Mon- 
selice ;  and  besides  the  whole  exarchate  of  Ravenna,  as  it  was 
of  old,  and  the  provinces  of  Venetia  and  Istria,  as  well  as 
the  duchies  of  Spoleto  and  Benevento.  And  when  the  grant 
had  been  drawn  up  and  signed  with  his  own  hand,  Karl 
caused  all  the  bishops,  abbots,  dukes,  and  counts  to  sign  it 
also.  And  placing  it  first  on  the  altar  of  St.  Peter,  and 
then  within  his  holy  confession,  the  king  of  the  Franks 
and  his  officials  gave  it  thus  to  St.  Peter  and  to  his  vicar 
the  holy  pope  Adrian,  promising  with  a  solemn  oath  that 
they  would  observe  everything  contained  in  that  grant.  And 
this  most  Christian  king  of  the  Franks  caused  Etherius  to 
draw  up  a  copy  of  this  grant  and  placed  it  himself  upon 
the  body  of  St.  Peter,  un'der  the  gospels  which  are  kissed 
there,  that  it  might  be  a  perpetual  testimonial  of  the  gift 
and  an  eternal  memorial  of  his  name  and  of  the  Frankish 
kingdom.  And  the  king  took  with  him  other  copies  of  the 
same  grant  that  were  made  by  the  notary  of  the  holy  Roman 
church. 


No.  47]  THE  PAPACY  TO   1073  107 

47.  KARL  THE  GREAT  DECLARES  THE  POPE  HAS  ONLY 
SPIRITUAL  DUTIES,  796.  LETTER  OF  KARL  TO  LEO  III. 

Jaffc,  IV,  pp.  354  ff. 

Karl  the  Great  had  a  keen  sense  of  his  authority  and  position,  and 
resented  any  action  which  seemed  to  him  an  infringement  of  his 
prerogatives.  Adrian  I  had  offended  him  by  presuming  to  approve 
and  publish  the  acts  of  the  council  of  Nicaa,  787,  without  waiting 
for  Karl's  authorization.  By  this  letter  to  the  pope,  Leo  III,  Karl 
made  it  plain  to  him  that  his  duties  were  only  spiritual. 

Karl,  by  the  grace  of  God  king  of  the  Franks  and  Lom- 
bards, and  patricius  of  the  Romans,  to  his  holiness,  pope 
Leo,  greeting.  .  .  .  Just  as  I  entered  into  an  agree- 
ment with  the  most  holy  father,  your  predecessor,  so  also 
I  desire  to  make  with  you  an  inviolable  treaty  of  mutual 
fidelity  and  love;  that,  on  the  one  hand,  you  shall  pray 
for  me  and  give  me  the  apostolic  benediction,  and  that,  on 
the  other,  with  the  aid  of  God  I  will  ever  defend  the 
most  holy  seat  of  the  holy  Roman  church.  For  it  is 
our  part  to  defend  the  holy  church  of  Christ  from  the 
attacks  of  pagans  and  infidels  from  without,  and  with- 
in to  enforce  the  acceptance  of  the  catholic  faith.  It 
is  your  part,  most  holy  father,  to  aid  us  in  the  good  fight 
by  raising  your  hands  to  God  as  Moses  did  [Ex.  17:11],  so 
that  by  your  intercession  the  Christian  people  under  the 
leadership  of  God  may  always  and  everywhere  have  the  vic- 
tory over  the  enemies  of  His  holy  name,  and  the  name  of 
our  Lord  Jesus  Christ  may  be  glorified  throughout  the 
world.  Abide  by  the  canonical  law  in  all  things  and  obey 
the  precepts  of  the  holy  fathers  always,  that  your  life  may 
be  an  example  of  sanctity  to  all,  and  your  holy  admonitions 
be  observed  by  the  whole  world,  and  that  your  light  may  so 
shine  before  men  that  they  may  see  your  good  works  and 
glorify  your  father  which  is  in  heaven  [Matt.  5:16].  May 
omnipotent  God  preserve  your  holiness  unharmed  through 
many  years  for  the  exalting  of  his  holy  church. 


108    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

48.  KARL  THE  GREAT  EXERCISES  AUTHORITY  IN  ROME, 
800. 

Einhard's  Annals,  M.  G.  SS.  folio.  I,  p.  188. 

The  title  of  patricius  of  Rome  was  somewhat  vague  and  it  is  im- 
possible to  say  exactly  how  much  actual  authority  attached  to  it.  But 
it  is  evident  from  Karl's  conduct  that  he  regarded  himself  as 
responsible  for  the  government  of  Rome.  The  passage  from  Ein- 
hard's Annals  shows  that  Karl  was  the  supreme  authority  in  legal 
matters  there.  He  acted  as  judge  even  in  the  case  of  the  pope. 
There  was  no  one  willing  to  make  a  formal  charge  against  Leo,  and 
hence  he  might  have  been  declared  innocent.  But  he  was  not  willing 
to  receive  that  sort  of  acquittal.  So  of  his  own  accord  he  took  an  oath 
to  his  innocence. 

Anno  800.  The  day  before  Karl  reached  Rome  pope 
Leo  came  to  Nomentum  to  meet  him.  Karl  received  him 
with  great  honor  and  they  dined  together.  The  pope 
preceded  Karl  to  Rome,  and  the  next  morning  took  his 
stand,  with  the  bishops  and  all  the  clergy  of  the  city,  on 
the  steps  of  St.  Peter's  to  receive  Karl  when  he  should  come. 
.  .  .  Seven  days  later  Karl  called  a  public  meeting,  in 
which  he  made  known  the  reasons  why  he  had  come  to  Rome. 
He  then  devoted  himself  every  day  to  the  accomplishment 
of  the  things  which  had  called  him  to  the  city.  Of  these 
he  began  with  the  most  important  as  well  as  the  most  diffi- 
cult, namely,  the  investigation  of  the  crimes  with  which  the 
pope  was  charged.  As  there  was  no  one  who  was  willing  to 
prove  the  truth  of  those  charges,  Leo  took  the  gospels  in  his 
hand,  and,  in  the  presence  of  all  the  people,  mounted  the 
pulpit  in  St.  Peter's,  and  took  an  oath  that  he  was  innocent 
of  the  crimes  laid  to  his  charge. 

49.  THE   OATH  OF  POPE  LEO  III  BEFORE  KARL  THE 
GREAT,  800. 

Jafte,  IV,  pp.  378  ff. 

See  introductory  note  to  no.  48. 

Most  beloved  brethren,  it  is  well  known  that  evil  men 
rose  up  against  me  and  wished  to  do  me  harm  and  accused 


No.  50]  THE  PAPACY  TO   1073  109 

me  of  grave  crimes.  And  now  the  most  clement  and  serene 
king,  Karl,  has  come  with  his  priests  and  nobles  to  this  city 
to  try  the  case.  Therefore,  I,  Leo,  bishop  of  the  holy  Ro- 
man church,  neither  judged  nor  coerced  by  anyone,  do  clear 
and  purge  myself  from  these  charges  before  you  in  the  sight 
of  God,  who  knows  my  secret  thoughts,  and  of  his  holy 
angels,  and  of  St.  Peter,  in  whose  church  we  now  stand.  I 
swear  that  I  neither  did  these  wicked  and  criminal  things 
of  which  my  enemies  accuse  me,  nor  ordered  them  to  be 
done,  and  of  this  God  is  my  witness,  in  whose  presence  we 
now  stand  and  into  whose  judgment  we  shall  come.  And 
I  do  this  in  order  to  clear  myself  of  these  suspicions,  and 
not  because  it  is  commanded  in  the  canons,  or  because  I 
desire  to  impose  this  practice  as  a  precedent  upon  my  suc- 
cessors or  brothers  and  fellow-bishops.  • 

50.    THE  OATH  OF  THE  EOMANS  TO  LUDWIG  THE  Pious 

AND   LOTHAR,    824. 

Altmaim  und  Bernheim,  no.  35. 

The  emperor,  Ludwig  the  Pious,  intrusted  the  government  of  Italy 
to  his  oldest  son,  Lothar.  In  order  to  keept  control  of  the  papal 
elections,  Lothar  compelled  the  Romans  to  take  the  following  oath: 

I,  (name),  promise  in  the  name  of  the  omnipotent  God 
and  on  the  four  holy  gospels  and  on  this  cross  of  our  Lord 
Jesus  Christ  and  on  the  body  of  most  blessed  Peter,  prince 
of  the  apostles,  that  from  this  day  I  will  be  faithful  to  our 
lords,  the  emperors,  Ludwig  [the  Pious]  and  Lothar,  all 
my  life,  according  to  my  strength  and  understanding,  with- 
out any  fraud  or  deceit,  in  so  far  as  this  shall  not  violate 
the  oath  of  fidelity  which  I  have  sworn  to  the  pope.  And 
I  promise  that  according  to  my  strength  and  understanding 
I  will  not  permit  a  papal  election  to  take  place  in  any  way 
except  canonically  and  legally,  and  that  he  who  may  be  elected 
pope  shall  not  with  my  consent  be  consecrated  until,  in  the 
presence  of  the  emperor's  ambassadors  and  of  the  people, 


110    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

he  takes  such  an  oath  as  pope  Eugene  *  did  that  he  will  rule 
without  any  change. 

i  Eugene  II  (824-827)  was  then  pope.  The  text  of  the  oath  which 
he  had  sworn  to  Lothar  is  not  preserved.  But  we  may  infer  its 
contents  from  the  expression  "that  he  will  rule  without  any  change." 

51.  THE  EMPEROR  ADMITS  THE  RIGHT  OF  THE  POPE  TO 
CONFER  THE  IMPERIAL  TITLE.  PASSAGES  FROM  A  LETTER  OF 
LUDWIG  II,  EMPEROR,  TO  BASIL,  EMPEROR  AT  CONSTANTI- 
NOPLE, 871. 

Bouquet,  VII,  pp.  572  ff. 

Although  the  Greek  emperor,  Michael,  recognized  Karl  the  Great 
as  emperor  in  the  west  (see  nos.  13-14),  some  of  his  successors  took 
a  different  view  of  the  matter  and  declared  the  emperors  in  the 
west  usurpers.  Basil  had  written  to  Ludwig  II  saying  that  the 
lattejr  was  not  emperor  and  therefore  should  not  assume  the  title. 
Ludwig  replied  with  some  vigor,  advancing  various  arguments  in 
his  own  favor.  The  student  should  examine  this  letter  to  discover 
(1)  the  objections  which  Basil  had  made,  and  (2)  the  arguments 
by  which  Ludwig  II  refuted  them. 

Among  other  things,  Ludwig  said  he  had  a  right  to  the  title  of 
emperor : 

Because  all  the  patriarchs  and  all  men  of  every  rank,  ex- 
cept you  alone,  have,  of  their  own  accord,  addressed  us  as 
such  whenever  they  have  written  to  us.  And  besides,  our 
uncles  [Charles  the  Bald  and  Ludwig  the  German],  glori- 
ous kings,  willingly  call  us  emperor.  And  they  do  so,  not 
out  of  regard  for  our  age,  for  they  are  older  than  we,  but 
because  of  the  anointing  and  consecration  by  which,  with 
God's  will,  we  were  advanced  to  this  high  office  through 
the  laying  on  of  the  hands  of  the  pope,  and  because,  at 
God's  command,  we  have  the  government  of  the  Roman 
empire.  .  .  . 

We  are  much  surprised  that  you  should  say  we  are  lay- 
ing claim  to  a  title  which  is  new  to  our  family.  For  that 
cannot  be  a  new  title  which  was  held  by  our  grandfather. 
And  he  did  not  usurp  it,  as  you  say  he  did,  but  he  received 


No.  51]  THE  PAPACY  TO   1073  111 

it  at  the  command  of  God,  by  the  decision  of  the  church, 
and  through  the  anointing  and  laying  on  of  the  hands  of 
the  pope.  .  .  . 

It  is  absurd  that  you  should  say  I  have  not  inherited  the 
imperial  name,  and  that  my  race  is  not  worthy  to  have  such 
a  dignity.  Even  my  grandfather  inherited  it  from  his  father. 
Why  is  not  my  race  worthy  of  producing  an  emperor,  since 
emperors  have  been  chosen  from  among  the  Spaniards  and 
Isaurians  and  Khazars?  For  surely  you  cannot  say  that 
those  nations  are  more  renowned  than  the  Franks  either 
in  religion  or  in  courage.  ...  To  your  statement  that 
we  do  not  rule  over  even  all  of  France,  here  is  a  brief  an- 
swer: We  surely  do  rule  over  all  France,  since  we  certainly 
have  what  they  have,  with  whom  we  are  one  in  flesh  and 
blood  and  one  spirit  through  the  Lord. 

You  wonder  that  we  are  called  emperor  of  the  Romans 
instead  of  emperor  of  the  Franks.  But  you  ought  to  know 
that  if  we  were  not  emperor  of  the  "Romans  we  could  not  be 
emperor  of  the  Franks.  For  we  have  received  this  name  and 
dignity  from  the  Romans,  whose  people  and  city,  the  mother 
of  all  the  churches  of  God,  we  have  received,  in  accordance 
with  God's  will,  to  govern,  to  defend,  and  to  exalt,  and  from 
her  our  family  received  the  authority,  first,  to  rule  as  kings, 
and,  afterward,  as  emperors.  For  the  rulers  of  the  Franks 
were  first  called  kings  and  afterward  those  who  were  anointed 
with  holy  oil  by  the  popes  to  this  office  were  called  emperors. 
Karl  the  Great,  our  grand-grandfather,  having  been  anointed 
in  this  way,  because  of  his  great  piety,  was  the  first  of  our 
race  and  family  to  be  called  emperor  and  to  be  the  anointed 
of  the  Lord.  How  much  greater  right  have  we  to  the  im- 
perial title,  therefore,  than  the  many  who  have  been  made 
emperor  without  any  religious  ceremony  or  holy  rite  being 
performed  by  a  pope,  being  elected  only  by  the  senate  and 
people  of  Rome,  who  had  no  regard  for  such  holy  rites? 
And  some  have  been  made  emperor  by  even  less  authority, 


112    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

being  proclaimed  by  the  army,  and  others  by  women,  and 
others  in  still  other  ways. 

Now,  if  you  blame  the  Roman  bishop  for  what  he  did  [in 
crowning  Karl  the  Great],  you  must  also  blame  Samuel,  be- 
cause, after  anointing  Saul,  he  rejected  him  and  anointed 
David  to  be  king.  But  it  will  be  easy  to  answer  anyone  who 
shall  make  even  one  complaint  against  the  pope  [for  having 
anointed  Karl  the  Great  as  emperor].  If  you  will  search 
the  pages  of  the  Greek  annals  and  see  what  the  bishops  of 
Rome  had  to  endure  from  their  enemies,  and  yet  received 
no  protection  from  you,  and  even  what  they  had  to  endure 
from  you  and  your  people,  you  will  find  many  things  which 
will  prevent  you  from  blaming  them.  But  these  external 
matters  were  of  little  importance  compared  with  the  efforts 
of  the  Greeks  to  destroy  the  church  by  their  many  heresies. 
So,  very  properly,  the  bishops  of  Rome  deserted  the  apostate 
Greeks — for  what  concord  hath  Christ  with  Belial?  [2  Cor. 
6 :15] — and  joined  a  people  which  clung  to  God  and  brought 
forth  the  fruits  of  his  kingdom.  For  "God  is  no  respecter 
of  persons,"  as  the  great  apostle  said,  "  but  in  every  nation 
he  that  feareth  him  is  accepted  with  him "  [Acts  10 :34, 
35].  Therefore,  since  this  is  so,  why  do  you  make  it  a 
reproach  to  us  who  have  the  imperial  crown  that  we  are 
born  of  the  Franks,  when  in  every  nation  he  that  feareth 
God  is  accepted  with  him?  Theodosius  the  elder  [379-395] 
and  his  sons,  Arcadius  and  Honorius,  and  Theodosius  the 
younger,  son  of  Arcadius,  were  Spaniards,  and  yet  we  do  not 
find  that  anyone  blamed  Theodosius  or  objected  to  him  be- 
cause he  was  a  Spaniard,  and  not  a  Roman,  or  tried  to 
prevent  his  sons  from  succeeding  to  the  position  and  honor 
of  their  father,  as  you  now  try  to  do,  as  if  the  race  of  the 
Franks  did  not  belong  to  that  inheritance  concerning  which 
the  Father  speaks  to  the  Son,  saying :  "  Ask  of  me  and  I 
shall  give  thee  the  heathen  for  thine  inheritance,  and  the 
uttermost  parts  of  the  earth  for  thy  possession"  [Ps.  2:8]. 


No.  52]  THE  PAPACY  TO  1073  113 

And  in  another  place:  "For  them  that  honor  me  I  will 
honor"  [1  Sam.  2:30].  And  there  are  many  other  such 
sayings. 

Therefore,  my  dearest  brother,  cease  to  be  contentious  in 
this  matter  and  to  listen  to  flatterers.  For  the  race  of  the 
Franks  has  brought  forth  the  most  abundant  fruits  to  the 
Lord,  not  only  in  believing  quickly,  but  also  in  converting 
.others  to  the  faith.  But  the  Lord  spoke  of  you  when  he  said: 
"  The  kingdom  shall  be  taken  from  you  and  given  to  a 
nation  bringing  forth  the  fruits  thereof"  [Matt.  21:43]. 
For  as  God  was  able  of  stones  to  raise  up  children  unto 
Abraham  [Matt.  3:9],  so  from  the  hardness  of  the  Franks 
he  was  able  to  raise  up  successors  to  the  Koman  emperors. 
.  .  .  And  as  Christians,  through  faith  in  Christ,  are  the 
seed  of  Abraham,  and  the  Jews,  through  lack  of  faith,  ceased 
to  be  sons  of  Abraham,  so  also  we,  through  our  correct  be- 
lief, that  is,  through  our  orthodoxy,  received  the  government 
of  the  Roman  empire,  and  the  Greeks,  because  of  their 
heresy,  ceased  to  be  emperors.  They  deserted  not  only  the 
city  which  was  the  seat  of  the  empire,  buj;  even  the  Roman 
people,  and  moved  to  other  parts  [that  is,  Constantinople], 
and  have  even  lost  the  Latin  tongue. 

52.  THE  POPE  ENACTS  THAT  PAPAL  ELECTIONS  MUST 
TAKE  PLACE  IN  THE  PRESENCE  OF  THE  EMPEROR'S  REPRE- 
SENTATIVES. ENACTMENT  OF  A  ROMAN  SYNOD  HELD  BY 
JOHN  IX,  898. 

Cor.  Jur.  Can.,  Dist.  LXIII,  c.  xxviii;  M.  G.  LL.  folio,  II,  parte  sec.,  p.  158. 

The  election  of  a  pope  was  often  attended  with  violence  on  the 
part  of  Roman  factions,  which,  under  the  leadership  of  various 
noble  families,  sought  to  elect  one  of  their  own  party.  John  IX 
recognized  that  the  emperor  was  the  only  one  who  could  prevent 
these  abuses  and  so  enacted  that  all  papal  elections  should  take 
place  in  the  presence  of  the  emperor's  representatives. 

Since  the  holy  Roman  church,  over  which  in  accordance 


114    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

with  God's  will  we  preside,  on  the  death  of  a  pope  often 
suffers  violence  from  many  persons,  because  the  pope  is 
elected  without  the  knowledge  of  the  emperor,  and  hence 
the  emperor  does  not  send  messengers,  as  canonical  custom 
and  practice  require  that  he  should,  who  may  be  present 
and  prevent  all  disturbances  during  the  election,  we  decree 
that  when  a  pope  is  to  be  elected,  the  bishops  1  and  all  the 
clergy  shall  come  together  and  the  election  shall  take  place- 
in  the  presence  of  the  senate  and  people.  And  the  one  thus 
chosen  shall  be  consecrated  in  the  presence  of  the  emperor's 
messengers. 

i  More  than  thirty  bishops  took  part  in  the  election  of  Stephen 
VI,  896,  although  there  were  but  seven  cardinal  bishops.  Hence 
this  probably  means  all  the  bishops  of  the  whole  diocese  of  Rome, 
not  simply  the  seven  cardinal  bishops.  It  is  apparent  therefore  that 
in  the  ninth  century  the  cardinal  clergy  had  not  yet  secured  any 
special  prerogative  in  the  election  of  a  pope.  Many  think  that  this 
enactment  was  made  in  816  instead  of  898. 

53.    THE  OATH  OF  OTTO  I  TO  JOHN  XII,  961. 

M.  G.  LL.  4to,  IV,  1.  jio.  10. 

Although  the  pope  needed  the  help  of  the  king  of  the  Germans, 
and  was  willing  to  confer  upon  him  the  title  of  emperor,  yet  he  was 
afraid  that  Otto  might  assume  too  much  authority  and  deprive  the 
papal  office  of  much  of  its  power.  He  accordingly  attempted  to 
secure  his  position  by  demanding  the  following  oath  of  Otto.  It  will 
be  observed  that  Otto  did  not  take  the  oath  in  person  but  sent  hia 
representative  to  take  it  for  him.  It  was,  nevertheless,  binding  on 
Otto.  However,  it  did  not  prevent  him  from  afterward  deposing 
John  and  putting  another  pope  in  his  place. 

I,  Otto,  king,  cause  my  representative  to  promise  and 
swear  to  you,  pope  John,  in  my  name,  by  the  Father,  Son, 
and  Holy  Spirit,  and  by  this  piece  of  the  life-giving  cross 
and  by  these  relics  of  the  saints,  that,  if  I  shall  come  to 
Eome  with  the  consent  of  God,  I  will  exalt  the  holy  Roman 
church  and  you,  her  ruler,  to  the  best  of  my  ability.  And 
you  shall  never  by  my  wish,  advice,  consent,  or  instigation, 


No.  54]  THE  PAPACY  TO  1073  115 

suffer  any  loss  in  life  or  in  limb,  or  in  the  honor  which  you 
now  have  or  which  you  shall  have  obtained  from  me.  I 
will  never  make  laws  or  rules  in  regard  to  the  things  which 
are  under  your  jurisdiction  or  the  jurisdiction  of  the  Eo- 
mans  without  your  consent.  I  will  restore  to  you  all  of  the 
lands  of  St.  Peter  that  shall  have  come  into  my  hands;  and 
I  will  cause  the  one  to  whom  I  shall  have  committed  Italy 
to  rule  in  my  absence  2  to  swear  to  you  that  he  will  always 
aid  you  according  to  his  ability  in  defending  the  lands  of 
St.  Peter. 

2  In  accordance  with  imperial  theory,  Otto,  as  emperor,  would  rule 
over  Italy.  He  agrees  to  protect  the  pope  "  in  the  things  which  are 
under  his  jurisdiction,"  but  that  does  not  mean  that  the  pope  had 
jurisdiction  in  all  things.  The  supreme  authority  is  the  emperor, 
to  whom  the  pope,  as  well  as  all  other  bishops  and  princes  of  Italy, 
are  subject. 

54.  OTTO  I  CONFIRMS  THE  POPE  IN  THE  POSSESSION  OP 
HIS  LANDS,  962. 

M.  G.  LL.  4to,  IV,  1,  no.  12;  Altmann  und  Bernheim,  no.  36. 

In  order  to  secure  his  possessions,  John  XII  persuaded  Otto  I  to 
confirm  his  rights  to  them.  In  section  15  Otto  reserves  his  imperial 
rights,  thus  furnishing  another  proof  that  he  was  sovereign  over 
the  lands  which  the  pope  held.  By  comparing  this  document  with 
the  donations  of  Pippin  and  of  Karl  the  Great  (nos.  45  and  46),  the 
growth  of  the  papal  land  claims  will  be  apparent. 

In  the  name  of  omnipotent  God,  the  Father,  Son,  and 
Holy  Ghost.  We,  Otto,  by  the  grace  of  God  emperor  and 
Augustus,  together  with  our  glorious  son,  king  Otto,  promise 
and  pledge  to  thee,  St.  Peter,  prince  of  apostles  and  keeper 
of  the  keys  of  heaven,  and  through  thee  to  thy  vicar, 
pope  John  XII,  the  following  possessions,  as  his  pre- 
decessors have  held  and  possessed  them  up  to  the  present 
time;  namely,  (1)  the  city  of  Rome  with  its  duchy,  and 
its  neighboring  villages  and  territories,  highland  and  low- 
land, shores  and  ports;  (2)  all  the  cities,  towns,  fortresses, 


116    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

and  villages  of  Tuscany;  that  is,  Porto,  Civita  Vecchia,  Ceri, 
Bieda,  Marturianum,  Sutri,  Nepi,  Gallese,  Orte,  Polimar- 
tium,  Ameria,  Todi,  Perugia,  with  its  three  islands,  the 
larger  and  the  smaller,  and  Pulvensis,  Narni,  and  Otricoli, 
with  all  the  territories  belonging  to  the  aforesaid  cities; 
(3)  the  whole  exarchate  of  Ravenna  with  all  the  cities, 
towns,  and  fortresses  which  our  predecessors  the  most  excel- 
lent emperors,  Pippin  and  Karl,  conferred  on  St.  Peter  and 
your  predecessors  by  a  deed  of  gift;  namely,  the  city  of 
Ravenna  and  the  district  of  Emilia,  including  the  following 
towns:  Bobbio,  Cesena,  Forlimpopoli,  Forli,  Faenza,  Imola, 
Bologna,  Ferrara,  Comacle,  Adria,  and  Gabello,  with  all  the 
territories  and  islands  by  land  and  sea  which  belong  to  the 
aforesaid  cities;  (4)  likewise  also  the  Pentapolis;  that  is, 
Rimini,  Pesaro,  Fano,  Sinigaglia,  Ancona,  Osimo,  Humana, 
lesi,  Forum  Sempronii,  Montefeltre,  Urbino,  and  the  terri- 
tory of  Balneum,  Cagli,  Lucioli,  and  Gubbio,  with  all  the  ter- 
ritories belonging  to  the  aforesaid  cities;  (5)  likewise  the 
whole  Sabine  territory  as  it  was  granted  to  St.  Peter  by  our 
predecessor,  emperor  Karl,  by  a  deed  of  gift;  (6)  likewise 
in  Lombard  Tuscany  the  fortress  of  Felicitas,  and  the  towns  of 
Orvieto,  Bagnorea,  Ferento,  Viterbo,  Orcle,  Marca,  Toscanella, 
Soana,  Populonia,  and  Roselle,  with  all  their  suburbs  and 
villages  and  all  their  territories,  towns,  and  boundaries;  (7) 
and  likewise  from  Luna,  with  the  island  of  Corsica,  to  Suri- 
ano,  thence  over  the  Apennines  to  Berceto,  thence  to  Parma, 
thence  to  Reggio,  thence  to  Mantua  and  Monselice,  together 
with  the  provinces  of  Venetia  and  Istria  and  all  the  duchies 
of  Spoleto  and  Benevento,  and  the  church  of  St.  Christina 
which  is  situated  on  the  Po  about  four  miles  from  Pav'ia; 
(8)  and  likewise  in  Campania,  Sora,  Arce,  Aquino,  Arpino, 
Teano,  Capua;  (9)  likewise  the  patrimonies  under  your 
power  and  sway,  such  as  the  patrimonies  of  Benevento, 
Naples,  and  upper  and  lower  Calabria,  and  also  of  the  island 
of  Sicily,  if  God  shall  give  it  unto  our  hand;  (10)  likewise 


No.  54]  THE  PAPACY  TO  1073  117 

the  cities  of  Gaeta  and  Fondi  with  all  their  belongings;  (11) 
moreover  we  offer  to  thee,  St.  Peter,  the  apostle,  and  to  thy 
vicar,  pope  John  and  his  successors,  for  the  salvation  of 
our  own  soul  and  the  souls  of  our  son  and  our  parents, 
the  following  cities  and  towns  from  our  own  lands;  namely, 
Eieti,  San  Vittorino  [on  the  Aterno],  Furco,  Norcia,  Balua, 
Marsi,  and  besides  the  city  of  Teramne.  (12)  All  the 
aforesaid  provinces,  cities,  towns,  fortresses,  villages,  ter- 
ritories, and  patrimonies,  we  now  grant  to  thee,  St.  Peter, 
and  through  thee  to  thy  vicar,  .our  spiritual  father,  pope 
John,  and  his  successors  to  the  end  of  the  world,  for  the  sal- 
vation of  our  own  soul  and  the  souls  of  our  son,  our  parents, 
and  our  successors,  and  for  the  preservation  of  the  whole 
Frankish  people;  and  we  grant  them  in  such  a  way  that 
the  popes  shall  possess  them  in  their  own  right  and  gov- 
ernment and  control.  (13)  Likewise,  by  this  agree- 
ment we  confirm  all  the  gifts  which  king  Pippin  and  em- 
peror Karl  voluntarily  gave  to  St.  Peter,  the  apostle,  and 
also  the  rents  and  payments  and  taxes  which  were  paid 
annually  to  the  king  of  the  Lombards  from  Tuscany  and 
the  duchy  of  Spoleto,  as  is  contained  in  the  aforesaid  dona- 
tion and  as  was  agreed  upon  between  pope  Adrian  of  blessed 
memory  and  the  emperor  Karl,  when  the  same  pope  surren- 
dered to  the  emperor  his  claims  on  the  provinces  of  Tuscany 
and  Spoleto  on  condition  that  the  aforesaid  taxes  should  be 
paid  each  year  to  the  church  of  St.  Peter,  the  apostle.  But 
in  all  this  our  authority  over  these  provinces  and  their  sub- 
jection to  us  and  to  our  son  are  not  in  any  way  diminished. 
(14)  We  therefore  confirm  your  possession  of  all  the  things 
mentioned  above  in  this  document;  they  shall  remain  in 
your  right  and  ownership  and  control,  and  no  one  of  our 
successors  shall  on  any  pretext  take  from  you  any  part  of 
the  aforesaid  provinces,  cities,  towns,  fortresses,  villages,  de- 
pendencies, territories,  patrimonies,  or  taxes,  or  lessen  your 
authority  over  them.  We  will  never  do  so,  nor  allow  others 


118    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

to  do  so,  but  we  will  always  defend  the  church  of  St.  Peter 
and  the  popes  who  rule  over  that  church  in  their  possession 
of  all  these  things,  as  far  as  in  us  lies,  that  the  popes  may 
be  able  to  keep  these  things  in  their  control  to  use,  enjoy, 
and  dispose  of.  (15)  In  all  this  there  shall  be  no  dero- 
gation of  our  power  or  of  the  power  of  our  son  and  our 
successors. 

55.  LEO  VIII  GRANTS  THE  EMPEROR  THE  RIGHT  TO 
CHOOSE  THE  POPE  AND  INVEST  ALL  BISHOPS,  963. 

Cor.  Jur.  Can.,  Dist.  LXIII,  c.  xxiii;  Migne,  134,  cols.  992  ff. 

Otto  I,  after  the  rebellion  of  John  XII,  deposed  him  and  caused 
a  layman  to  be  made  pope,  who  took  the  title  Leo  VIII.  The  new 
pope  then  issued  a  decree,  the  essence  of  which  is  contained  in  the 
following  document.  It  shows  how  determined  Otto  was  to  assert 
his  imperial  authority  and  is  important  as  a  statement  of  the 
imperial  theory.  Leo  VIII  is  regarded  as  an  anti-pope  by  the 
Roman  church,  because,  according  to  the  papal  theory,  Otto  had  no 
power  to  depose  a  pope.  John  XII  was  the  legal  pope  and  there 
could  be  no  other  until  he  died. 

In  the  synod  held  at  Rome  in  the  Church  of  the  Holy 
Saviour.  Following  the  example  of  blessed  pope  Adrian,  who 
granted  to  Karl,  victorious  king  of  the  Franks  and  Lom- 
bards, the  dignity  of  the  patriciate  and  the  right  to  ordain 
the  pope  and  to  invest  bishops,  we,  Leo,  bishop,  servant  of 
the  servants  of  God,  with  all  the  clergy  and  people  of  Rome, 
by  our  apostolic  authority  bestow  upon  lord  Otto  I,  king  of 
the  Germans,  and  upon  his  successors  in  the  kingdom  of 
Italy  forever,  the  right  of  choosing  the  successor  of  the  pope, 
and  of  ordaining  the  pope  and  the  archbishops  and  bishops, 
so  that  they  shall  receive  their  investiture  and  consecration 
from  him,  with  the  exception  of  those  prelates  whose  inves- 
titure and  consecration  the  emperor  has  conceded  to  the 
pope  or  the  archbishops.  No  one,  no  matter  what  his  dig- 
nity or  ecclesiastical  rank,  shall  have  the  authority  to  choose 


No.  56]  THE  PAPACY  TO  1073  119 

the  patricius  or  to  ordain  the  pope  or  any  bishop  without 
the  consent  of  the  emperor,  and  that  without  bribery;  and 
the  emperor  shall  be  by  right  both  king  [of  Italy]  and  pa- 
tricius [of  Rome].  But  if  anyone  has  been  chosen  bishop 
by  the  clergy  and  people,  he  shall  not  be  consecrated  unless' 
he  has  been  approved  by  the  aforesaid  king  and  has  received 
his  investiture  from  him.  .  .  . 

56.  THE  POPE  CONFERS  THE  ROYAL  TITLE.  A  LETTER 
OF  POPE  SYLVESTER  II  TO  STEPHEN  OF  HUNGARY,  1000. 

Migne,  139,  cols.  274  ff. 

Previous  to  this  time,  it  was  considered  the  emperor's  right  to 
confer  the  royal  title  and  to  elevate  a  person  to  the  rank  of  king. 
Here,  for  the  first  time  in  the  history  of  the  papacy,  a  pope  confers 
Hie  royal  title,  thereby  intrenching  on  the  imperial  prerogative. 
Otto  III,  who  was  then  emperor,  did  not  resist  this  papal  infringe- 
ment of  his  rights.  Later  popes  were  not  slow  to  see  the  value  of 
this  act  as  a  precedent  (see  nos.  G9,  72,  128),  and  exercised  ttie  right 
to  confer  titles  and  dignities  as  they  pleased.  This  act  of  Sylvester 
II  is,  therefore,  an  important  milestone  in  the  history  of  the  devel- 
opment of  the  papal  prerogatives. 

Sylvester,  bishop,  servant  of  the  servants  of  God,  to  Ste- 
phen, king  of  the  Hungarians,  greeting  and  apostolic  bene- 
diction. Your  ambassadors,  especially  our  dear  brother, 
Astricus,  bishop  of  Colocza,  were  received  by  us  with  the 
greater  joy  and  accomplished  their  mission  with  the  greater 
ease,  because  we  had  been  divinely  forewarned  to  expect  an 
embassy  from  a  nation  still  unknown  to  us.  ...  Surely, 
according  to  the  apostle :  "  It  is  not  of  him  that  willeth  nor 
of  him  that  runneth,  but  of  God  that  showeth  mercy"  [Rom. 
9:16];  and  according  to  the  testimony  of  Daniel:  "He 
changeth  the  times  and  the  seasons;  he  removeth  kings  and 
setteth  up  kings;  he  revealeth  the  deep  and  secret  things; 
he  knoweth  what  is  in  the  darkness"  [Dan.  2:21,  22]; 
for  in  him  is  that  light  which,  as  John  teaches,  "  lighteth 
every  man  that  cometh  into  the  world  "  [John  1 :9].  There- 


120    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

fore  we  first  give  thanks  to  God  the  Father,  and  to  our  Lord 
Jesus  Christ,  because  he  has  found  in  our  time  another 
David,  and  has  again  raised  up  a  man  after  his  own 
heart  to  feed  his  people  Israel,  that  is,  the  chosen  race  of 
'the  Hungarians.  Secondly,  we  praise  you  for  your  piety 
toward  God  and  for  your  reverence  for  this  apostolic  see, 
over  which,  not  by  our  own  merits,  but  by  the  mercy  of 
God,  we  now  preside.  Finally,  we  commend  the  liberality 
you  have  shown  in  offering  to  St.  Peter  yourself  and  your 
people  and  your  kingdom  and  possessions  by  the  same  am- 
bassadors and  letters.  For  by  this  deed  you  have  clearly 
demonstrated  that  you  already  are  what  you  have  asked  us 
to  declare  you  [i.e.,  a  king].  But  enough  of  this;  it  is  not 
necessary  to  commend  him  whom  God  himself  has  com- 
mended and  whose  deeds  openly  proclaim  to  be  worthy  of 
all  commendation.  Now  therefore,  glorious  son,  by  the  au- 
thority of  omnipotent  God  and  of  St.  Peter,  the  prince  of 
apostles,  we  freely  grant,  concede,  and  bestow  with  our 
apostolic  benediction  all  that  you  have  sought  from  us  and 
from  the  apostolic  see;  namely,  the  royal  crown  and  name, 
the  creation  of  the  metropolitanate  of  Gran,  and  of  the  other 
bishoprics.  ^Moreover,  we  receive  under  the  protection  of  the 
holy  church  the  kingdom  which  you  have  surrendered  to  St. 
Peter,  together  with  yourself  and  your  people,  the  Hunga- 
rian nation;  and  we  now  give  it  back  to  you  and  to  your 
heirs  and  successors  to  be  held,  possessed,  ruled,  and  gov- 
erned. And  your  heirs  and  successors,  who  shall  have  been 
legally  elected  by  the  nobles,  shall  duly  offer  obedience  and 
reverence  to  us  and  to  our  successors  in  their  own  persons 
or  by  ambassadors,  and  shall  confess  themselves  the  subjects 
of  the  Roman  church,  who  does  not  hold  her  subjects  as 
slaves,  but  receives  them  all  as  children.  They  shall  per- 
severe in  the  catholic  faith  and  the  religion  of  our  Lord 
and  Saviour  Jesus  Christ,  and  strive  always  to  promote  it. 
And  because  you  have  fulfilled  the  office  of  the  apostles  in 


No.  57]  THE  PAPACY  TO  1073  121 

preaching  Christ  and  propagating  his  faith,  and  have  tried 
to  do  in  your  realm  the  work  of  us  and  of  our  clergy,  and 
because  you  have  honored  the  same  prince  of  apostles  above 
all  others,  therefore  by  this  privilege  we  grant  you  and  your 
successors,  who  shall  have  been  legally  elected  and  approved 
by  the  apostolic  see,  the  right  to  have  the  cross  borne  before 
you  as  a  sign  of  apostleship,1  after  you  have  been  crowned 
with  the  crown  which  we  send  and  according  to  the  cere- 
mony which  we  have  committed  to  your  ambassadors.  And 
we  likewise  give  you  full  power  by  our  apostolic  authority 
to  control  and  manage  all  the  churches  of  your  realm,  both 
present  and  future,  as  divine  grace  may  guide  you,  as  repre- 
senting us  and  our  successors.  All  these  things  are  con- 
tained more  fully  and  explicitly  in  that  general  letter  which 
we  have  sent  by  our  messenger  to  you  and  to  your  nobles 
and  faithful  subjects.  And  we  pray  that  omnipotent  God, 
who  called  you  even  from  your  mother's  womb  to  the  king- 
dom and  crown,  and  who  has  commanded  us  to  give  you  the 
crown  which  we  had  prepared  for  the  duke  of  Poland,  may 
increase  continually  the  fruits  of  your  good  works,  and 
sprinkle  with  the  dew  of  his  benediction  this  young  plant 
of  your  kingdom,  and  preserve  you  and  your  realm  and  pro- 
tect you  from  all  enemies,  visible  and  invisible,  and,  after 
the  trials  of  the  earthly  kingship  are  past,  crown  you  with 
an  eternal  crown  in  the  kingdom  of  heaven.  Given  at  Rome, 
March  27,  in  the  thirteenth  indiction  [the  year  1000]. 

iThe  title  "apostolic  king  of  Hungary"  is  still  used  by  the 
emperor  of  the  Austro-Hungarian  Empire. 

57.  THE  EMPEROR,  HENRY  III,  DEPOSES  AND  CREATES 
POPES,  1048. 

Annales  Romani;  in  Watterich,  Pontificum  Romanorum  Vitae,  I,  pp.  73  ff. 

The  papacy  having  again  fallen  under  the  control  of  Roman  fac- 
tions, there  were  three  men  claiming  to  be  pope.  The  emperor 
regarded  it  as  his  duty  as  well  as  his  right  to  decide  who  was  the 
true  pope,  and  came  to  Italy  for  that  purpose.  He  not  only  deposed 


122    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  three  contesting  popes  and  named  another,   but  so  long  as   he 
lived  he  controlled  the  papal  elections. 

Now  when  the  report  of  this  incredible  controversy  had 
reached  the  ears  of  Henry,  by  the  grace  of  God  most  invin- 
cible emperor,  he  set  out  for  Italy  with  a  great  force  and 
an  immense  army.  And  when  he  came  to  the  city  called 
Sutri,  he  called  to  him  pope  Gregory  and  the  clergy  of  Rome 
and  decreed  that  a  great  synod  should  be  held  in  the  holy 
church  of  Sutri.  And  after  he  had  tried  the  case  canon- 
ically  and  justly  and  had  made  the  rights  of  the  matter 
plain  to  the  holy  and  religious  bishops  according  to  the 
canons,  he  condemned  with  perpetual  anathema  John,  bishop 
of  Sabina,  to  whom  they  had  given -the  name  Silvester,  John 
the  archpresbyter,  whom  they  called  Gregory,  and  the  afore- 
said pope  Benedict.  Then  he  proceeded  to  Rome  with  so 
great  a  following  that  the  city  could  not  hold  it.  Henry, 
by  the  grace  of  God  pious  and  benign  king,  called  together 
the  multitude  of  the  Roman  people  and  the  bishops  and 
abbots  and  the  whole  Roman  clergy  in  the  basilica  of  St. 
Peter,  and  held  there  a  holy  and  glorious  synod;  and  on  the 
day  before  Christmas  he  appointed  an  excellent,  holy,  and 
benign  pope,  who  took  the  name  of  Clement.  And  on 
Christmas  day  the  aforesaid  king  was  crowned  by  the  holy 
and  benign  pope,  and  the  whole  city  of  Rome  rejoiced  and 
the  holy  Roman  church  was  exalted  and  glorified  because 
so  dangerous  a  schism  had  at  length  by  the  mercy  of  God 
been  ended.  And  then  the  most  serene  emperor,  perceiving 
the  desire  of  the  whole  Roman  people,  as  they  had  expressed 
it  to  him,  placed  on  his  own  head  the  band  with  which  the 
Romans  from  of  old  had  been  wont  to  crown  their  patricii. 
And  the  pope  and  the  clergy  and  the  Romans  granted  him 
the  right  to  create  popes  and  such  bishops  as  have  regal ian 
rights;  and  it  was  further  agreed  that  no  bishop  should  be 
consecrated  until  he  had  received  his  investiture  from  the 
hand  of  the  king.  And  just  as  pope  Adrian  had  confirmed 


No.  57]  THE  PAPACY  TO  1073  123 

these  things  by  a  charter,  so  also  they,  by  a  charter,  gave, 
confirmed,  and  put  in  the  power  of  Henry  and  his  succes- 
sors the  patriciate  and  the  other  rights  as  stated  above.1 

Now  after  the  king  had  returned  to  his  own  realm,  pope 
Clement  sat  upon  the  apostolic  throne  nine  months  and  six- 
teen days,  and  then  left  the  terrestrial  for  the  celestial 
kingdom. 

Then  the  Roman  people,  assembled  together,  sent  messen- 
gers to  king  Henry  with  a  letter  beseeching  him,  as  servants 
beseech  their  lord,  or  children  their  father,  to  appoint  for 
them  a  chaste  and  benign  man  of  godly  life  as  shepherd  of 
the  holy  Roman  church  and  of  the  whole  world.  Now  when 
Benedict,  the  former  pope,  learned  of  the  death  of  Clement 
(for  he  was  staying  at  Tusculum),  he  succeeded  in  winning 
over  a  part  of  the  Roman  people  by  bribery  and  again 
usurped  the  pontificate.  But  when  the  ambassadors  of  the 
Romans  came  to  the  king,  he  received  them  in  his  palace 
with  great  honor  and  gave  them  many  gifts;  then,  calling 
together  a  great  assembly  of  bishops,  abbots,  counts,  mar- 
graves, and  other  princes,  according  to  the  decrees  of  the 
holy  fathers,  he  chose  a  pope  who  should  be  pleasing  to  God 
and  the  whole  people. 

The  ambassadors  of  the  Romans  returned  to  Rome,  pre- 
ceding the  new  pope,  Damasus.  But  the  good  pope  himself 
changed  his  route  and  betook  himself  to  Italy.  Now  when 
he  had  come  to  the  margrave  Boniface,  who  had  assisted  the 
aforesaid  pope  Benedict  to  seize  the  papal  throne,  the  mar- 
grave addressed  him  in  these  cunning  words:  "I  cannot  go 
on  to  Rome  with  you,  because  the  Romans  have  restored  the 
former  pope,  and  he  has  regained  the  power  which  he  had  for- 
merly, and  has  made  peace  with  them.  Therefore  I  cannot 
go  to  Rome,  especially  as  I  am  now  an  old  man."  When 
the  holy  pope  heard  this,  he  returned  and  told  all  these 
things  to  the  emperor.  When  the  king  heard  it,  he  recog- 
nized the  shrewdness  and  cunning  of  the  margrave,  and 


124    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

addressed  him  by  letter,  as  follows :  "Since  you  have  restored 
to  the  pontificate  a  pope  who  was  canonically  deposed,  and 
have  been  led  by  your  love  of  gain  to  hold  our  empire  in 
contempt,  understand  now  that,  unless  you  mend  your  ways, 
I  will  come  quickly  and  make  you  mend  against  your  will, 
and  I  will  give  the  Roman  people  a  pope  worthy  in  the  sight 
of  God."  Then  Boniface,  seeing  that  his  rebellion  would 
profit  him  nothing,  drove  Benedict  from  the  papal  throne 
by  his  ambassador  and  went  to  Rome  with  pope  Damasus. 
.  .  .  And  Damasus  held  the  pontificate  twenty-three  days 
and  then  died,  and  Leo  was  enthroned  in  the  Roman  see  by 
the  emperor  and  his  nobles. 

i  Apparently  this  was  a  reenactment  of  the  grant  of  Leo  VIII  to 
Otto  I,  963.  See  no.  55. 

yjSS.  THE  POPE  BECOMES  THE  FEUDAL  LORD  OF  SOUTH- 
ERN ITALY  AND  SICILY,  1059.  THE  OATHS  OF  ROBERT 
GUISCARD  TO  POPE  NICHOLAS  II,  1059. 

Baronius,  Annales,  anno  1059,  §§70  and  71. 

Southern  Italy  and  Sicily  had  been  allowed  to  take  care  of  them- 
selves. The  Greek  emperor  had  not  been  able  to  retain  his  hold  on 
them,  and  the  German  emperor,  while  claiming  them,  had  never  suc- 
ceeded in  extending  his  power  over  them.  A  handful  of  adventurous 
Normans  had  established  themselves  on  the  mainland  and  had 
assumed  the  title  of  counts.  Their  ambition  grew  with  their  fortune ; 
they  desired  a  higher  title  than  count  and  wished  to  increase  their 
possessions.  So  they  turned  to  the  pope  and  asked  him  to  confer 
upon  them  the  title  of  duke,  and  to  give  them  his  blessing  in  their 
proposed  conquest  of  Sicily,  which  was  in  the  hands  of  the  Moham- 
medans. In  granting  the  request  of  these  Normans,  the  pope 
assumed  the  lordship  over  southern  Italy  and  Sicily,  to  which  he 
had  no  right,  and  thereby  put  forth  claims  which  conflicted  with 
those  of  both  emperors.  For  more  than  two  centuries  the  possession 
of  southern  Italy  and  Sicily  was  the  ground  for  a  bitter  struggle 
between  the  popes  and  the  German  emperors. 

The  importance  of  this  event  is  seen  when  we  consider  that  the 
long  struggle  between  the  papacy  and  the  empire  was  about  to 
begin.  The  pope  had  little  besides  his  spiritual  weapons  (excoin- 


No.  58]  THE  PAPACY  TO   1073  125 

munication,  .nterdict)  with  which  to  oppose  the  emperor.  But  in 
Robert  Guiscard  he  secured  a  powerful  vassal  who  was  to  render 
him  great  military  aid  against  the  emperor. 

§  70.  I,  Eobert,  by  the  grace  of  God  and  of  St.  Peter 
duke  of  Apulia  and  Calabria,  and  with  their  aid  to  be  duke 
of  Sicily  [that  is,  when  I  shall  have  conquered  it],  in  con- 
firmation of  the  gift  and  in  recognition  of  my  oath  of  fidel- 
ity, promise  that  from  all  the  lands  which  I  hold  under  my 
own  sway,  and  which  I  have  never  conceded  that  anyone 
from  beyond  the  mountains  *  [Alps,  that  is,  Germany]  holds, 
I  will  pay  annually  for  each  yoke  of  oxen  12  denarii  of  the 
mint  of  Pavia  to  you,  my  lord,  Nicholas,  pope,  and  to  all 
your  successors,  or  to  your  or  their  legates.  And  this  pay- 
ment shall  be  made  at  the  end  of  the  year  on  caster  day.  I 
bind  myself  and  my  heirs  and  my  successors  to  pay  this 
sum  to  my  lord,  Nicholas,  pope,  and  to  your  successors.  So 
help  me  God  and  these  holy  gospels. 

§  71.  I,  Robert,  by  the  grace  of  God  and  St.  Peter  duke 
of  Apulia  and  Calabria,  and  by  the  aid  of  both  to  be  duke 
of  Sicily,  from  this  hour  forth  will  be  faithful  to  the  holy 
Roman  church  and  to  you,  my  lord,  "Nicholas,  pope.  I  will 
have  no  share  in  any  counsel  or  act  intended  to  deprive  you 
of  life  or  limb,  or  to  capture  you  by  any  fraud.  Any  secret 
plan  which  you  may  reveal  to  me  with  the  command  not 
to  tell  it  I  will  not  wittingly  publish  to  your  hurt.  I  will 
always  aid  with  all  my  might  the  holy  Roman  church  to 
acquire  the  regalia  and  possessions  of  St.  Peter,  and  to  hold 
them  against  all  men.  I  will  aid  you  to  hold  in  security 
and  honor  the  papal  office,  the  land  of  St.  Peter,  and  the 
government.  I  will  not  try  either  to  usurp  or  to  seize  it, 
nor  will  I  devastate  it  without  your  permission  or  that 
of  your  successors,  except  only  that  land  which  you  or  your 
successors  may  give  me.  I  will  earnestly  strive  to  pay  at  the 
appointed  time  the  sum  agreed  on  from  the  land  of  St. 
Peter  which  I  may  hold.  I  put  all  the  churches,  with  their 


126    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

possessions,  which  are  in  my  lands,  under  your  authority,  and 
I  will  defend  them  according  to  my  oath  of  fidelity  to  the 
holy  Roman  church.  And  if  you  or  your  successors  shall 
die  before  I  do,  according  as  I  shall  have  heen  advised  by 
the  better  cardinals,  the  clergy  of  Rome,  and  the  laity,  I  will 
do  all  that  I  can  that  a  pope  may  be  elected  and  ordained 
to  the  honor  of  St.  Peter.  All  the  above  written  things  I 
will  observe  with  true  faithfulness  to  the  holy  Roman  church 
and  to  you.  And  this  oath  of  fidelity  I  will  observe  to  those 
of  your  successors  who  may  confirm  to  me  the  investiture 
which  you  have  granted  me.  So  help  me  God  and  these 
holy  gospels. 

i  Robert  here  denies  that  the  German  emperor  has  any  right  to 
Sicily  and  southern  Italy.  He  had  never  held  them,  and  hence  they 
were  not  a  part  of  his  empire. 

v  59.     THE   PAPAL   ELECTION   DECREE  OF   NICHOLAS   II, 
1059. 

Scheffer-Boichorst,   Die   Neuordnung   der   Papstwahl  durch   Nicholas   II,   pp. 
14  ff;  Doeberl,  III,  no.  4  a. 

Henry  III  (1039-56)  deposed  and  appointed  popes  as  he  pleased 
(see  no.  57).  But  with  the  spread  of  Cluniac  ideas,  there  grew  up 
a  party  in  the  church  which  strove  with  increasing  energy  and 
clearness  of  purpose  to  make  the  church  self-governing  and  inde- 
pendent of  all  lay  influence.  Its  aim  was  to  unify  and  organize  the 
government  of  the  church  by  putting  all  ecclesiastical  power  in  the 
hands  of  the  pope,  who  should  rule  the  church  through  a  hierarchy 
of  archbishops  and  bishops.  Of  this  party,  which  was  called  hier- 
archical, the  archdeacon,  Hildebrand,  was  the  head.  It  took  advan- 
tage of  the  opportunity  offered  by  the  youth  of  Henry  IV  and  the 
weak  rule  of  the  regent,  his  mother  Agnes,  to  establish  a  way  by 
which  the  pope  might  be  elected  by  the  clergy  instead  of  being  ap- 
pointed by  the  emperor.  The  document  by  which  this  was  done  is 
know  as  the  election  decree  of  Nicholas  II  (1059-61)  and  was 
enacted  in  a  council  at  Rome  in  1059.  Since  1048  Hildebrand  had 
been  the  power  behind  the  papal  throne,  and  with  rare  skill  he  had 
directed  the  policy  of  each  successive  pope.  He  had  been  able  to  do 
much  toward  accomplishing  the  purpose  of  this  party.  But  at  the 


No.  59]  THE  PAPACY  TO  1073  127 

death  of  Stephen  IX  in  1058  a  faction  of  the  Roman  nobility,  known 
as  the  Tusculan  party,  threatened  to  overturn  all  that  the  hierarchi- 
cal party  had  accomplished.  While  Hildebrand  was  absent  from 
Rome  on  a  mission  to  Germany,  Stephen  IX  died  and  the  Tusculan 
party  set  up  one  of  its  own  members  as  pope,  who  called  himself 
Benedict  X.  The  cardinals  who  attempted  to  resist  this  election 
were  persecuted  and  compelled  .to  flee.  When  Hildebrand  heard  of 
this  he  hastened  to  call  a  council  at  Siena.  This  council,  which  was 
composed  chiefly  of  five  cardinal  bishops,  deposed  Benedict  X  and 
elected  Gerhard,  bishop  of  Florence,  pope,  who  assumed  the  name 
of  Nicholas  II. 

According  to  this  decree  tHe  election  of  a  pope  consisted  of  the  five 
following  parts :  ( 1 )  The  seven  cardinal  bishops  chose  the  pope. 
Although  their  choice  was  supposed  to  be  final  it  must  (2)  be  con- 
firmed by  the  other  cardinal  clergy.  (3)  Then  the  resf  of  the  clergy 
and  the  people  of  Rome  must  express  their  consent.  (4)  The  election 
was  then  reported  to  the  emperor,  who  was  expected  to  confirm  it, 
and  then  (5)  the  pope  elect  was  consecrated  as  pope  and  enthroned 
in  the  chair  of  St.  Peter  by  the  cardinal  bishops.  This  latter  part 
of  the  ceremony  must,  of  course,  take  place  at  Rome.  The  decree 
does  not  say  what  shall  be  done  if  the  other  clergy  or  the  emperor 
should  refuse  to  confirm  the  choice  of  the  cardinal  bishops. 

There  were  those  who  demanded  that  the  emperor  be  permitted 
to  approve  or  reject  the  candidate  before  the  election  took  place.  As 
precedents  in  favor  of  this  they  referred  to  the  long  list  of  popes  who 
had  been  either  nominated  or  appointed  by  various  emperors.  The 
part  which  the  emperor  was  to  have  in  the  election  of  a  pope  is  not 
stated  in  the  decree,  but  section  4  shows  plainly  that  Nicholas  and 
Henry  had  come  to  an  agreement  on  that  subject,  and  from  other 
sources  we  know  what  its  terms  were.  This  agreement  was  limited 
to  Henry  alone,  for  each  of  his  successors  must  secure  his  share  in 
the  papal  election  by  demanding  it  of  the  pope. 

This  decree  seems  to  justify  certain  irregularities  or  peculiarities 
in  the  election  of  Nicholas  himself  and  hence  may  be  said  to  have 
an  apologetic  character.  ( 1 )  His  election  took  place  not  in  Rome, 
but  in  Siena.  (2)  He  was  not  a  member  of  the  church  in  Rome,  but 
was  bishop  of  Florence.  (3)  It  was  chiefly  the  cardinal  bishops 
who  elected  him.  (4)  Since  the  Tusculan  party  held  Rome  it  was 
some  time  before  he  could  be  consecrated  and  enthroned,  but  in  the 
meanwhile  he  exercised  papal  authority. 

The  cardinal  bishops  had  already  Squired  certain  prerogatives 
over  the  other  cardinal  clergy.  They  alone,  besides  the  pope,  could 


128    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

say  mass  at  the  high  altar  in  St.  John's  in  Lateran;  they  repre- 
sented the  pope  during  his  absence  from  Rome;  they  consecrated  and 
enthroned  the  pope;  they  assisted  the  pope  in  anointing  and  crown- 
ing the  emperor;  and  without  their  consent  the  pope  could  not 
bestow  the  pallium  upon  an  archbishop.  By  this  decree  they  now 
acquire  the  new  and  important  right  of  nominating  the  pope.  But 
this  high  prerogative  they  were  not  able  to  retain  permanently. 
From  1050  to  1100  they  succeeded  in  depriving  the  other  cardinal 
clergy  of  much  of  their  power  and  influence.  They  were  the  chief 
advisers  of  the  popes.  In  accordance  with  the  terms  of  this  decree 
they  elected  Alexander  II  (1061-73)  (the  election  of  Gregory  VII 
(1073-85)  was  somewhat  irregular),  Victor  III  (1086-87),  and 
Urban  II  (1087-99).  But  the  other  cardinal  clergy  were  not  con- 
tent to  be  thus  thrust  down;  they  struggled  successfully  against  the 
growing  power  of  the  cardinal  bishops  and  finally  regained  the  right 
which  had  once  been  theirs.  The  election  of  Paschal  II  (1099-1118) 
was  made  by  all  the  cardinal  clergy,  not  by  the  cardinal  bishops 
alone,  and  afterward  the  election  of  a  pope  was  the  concern  of  all 
the  cardinal  clergy. 

The  original  of  this  decree  is  lost  and  the  copy  which  has  come 
down  to  us  is  slightly  imperfect,  as  there  are  omissions  in  it.  Some 
one  representing  the  imperial  party,  not  satisfied  with  the  share 
which  it  gave  the  emperor  in  the  papal  election,  changed  it  to  suit 
the  demands  of  his  party.  It  is  now  known  that  this  imperial  form 
of  the  decree  is  a  forgery. 

In  section  2  the  quotation  from  Leo  I  (440-461)  is  meant  in  a 
general  way  to  justify  the  prerogative  here  attributed  to  the  cardinal 
bishops,  and  especially  their  right  to  consecrate  and  enthrone  the  pope. 

In  the  name  of  the  Lord  God,  our  Saviour  Jesus  Christ, 
in  the  1059th  year  from  his  incarnation,  in  the  month  of 
April,  in  the  12th  indiction,  in  the  presence  of  the  holy 
gospels,  the  most  reverend  and  blessed  apostolic  pope  Nicholas 
presiding  in  the  Lateran  patriarchal  basilica  which  is  called 
the  church  of  Constantine,  the  most  reverend  archbishops, 
bishops,  and  abbots,  and  the  venerable  presbyters  and  deacons 
also  being  present,  the  same  venerable  pontiff  by  his  apos- 
tolic authority  decreed  thus  concerning  the  election  of  the 
pope:  "Most  beloved  brothers  and  fellow-bishops,  you  know, 
since  it  is  not  hidden  even  from  the  humbler  members,  how 


No.  59]  THE  PAPACY  TO  1073  129 

after  the  death  of  our  predecessor,  Stephen  of  blessed  mem- 
ory, this  apostolic  seat,  which  by  the  will  of  God  I  now 
serve,  suffered  many  evils,  how  indeed  it  was  subjected  to 
many  serious  attacks  from  the  simoniacal  money-changers, 
so  that  the  column  of  the  living  God  seemed  about  to  top- 
ple, and  the  skiff  of  the  supreme  fisherman  [Peter]  was 
nearly  wrecked  by  the  tumultuous  storms.  Therefore,  if  it 
pleases  you,  we  ought  now,  with  the  aid  of  God,  prudently 
to  take  measures  to  prevent  future  misfortunes,  and  to  pro- 
vide for  the  state  of  the  church  in  the  future,  lest  those 
evils,  again  appearing,  which  God  forbid,  should  prevail 
against  it.  Therefore,  fortified  by  the  authority  of  our  prede- 
cessors and  the  other  holy  fathers,  we  decide  and  declare : 

"1.  On  the  death  of  a  pontiff  of  the  universal  Koman 
church,  first,  the  cardinal  bishops,1  with  the  most  diligent 
consideration,  shall  elect  a  successor;  then  they  shall  call  in 
the  other  cardinal  clergy  [to  ratify  their  choice],  and  finally 
the  rest  of  the  clergy  and  the  people  shall  express  their  con- 
sent to  the  new  election. 

"2.  In  order  that  the  disease  of  venality  may  not  have 
any  opportunity  to  spread,  the  devout  clergy  shall  be  the 
leaders  in  electing  the  pontiff,  and  the  others  shall  acquiesce. 
And  surely  this  order  of  election  is  right  and  lawful,  if  we 
consider  either  the  rules  or  the  practice  of  various  fathers, 
or  if  we  recall  that  decree  of  our  predecessor,  St.  Leo,  for 
he  says:  'By  no  means  can  it  be  allowed  that  those  should 
be  ranked  as  bishops  who  have  not  been  elected  by  the  clergy, 
and  demanded  by  the  people,  and  consecrated  by  their  fellow- 
bishops  of  the  province  with  the  consent  of  the  metropolitan.' 
But  since  the  apostolic  seat  is  above  all  the  churches  in  the 
earth,  and  therefore  can  have  no  metrppolitan  over  it,  with- 
out doubt  the  cardinal  bishops  perform  in  it  the  office  of 
the  metropolitan,  in  that  they  advance  the  elected  prelate 
to  the  apostolic  dignity  [that  is,  choose,  consecrate,  and 
enthrone  him]. 


130    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

"3.  The  pope  shall  be  elected  from  the  church  in  Rome, 
if  a  suitable  person  can  be  found  in  it,  but  if  not,  he  is  to 
be  taken  from  another  church. 

"4.  '  In  the  papal  election — in  accordance  with  the  right 
which  we  have  already  conceded  to  Henry  and  to  those  of 
his  successors  who  may  obtain  the  same  right  from  the 
apostolic  see — due  honor  and  reverence  shall  be  shown  our 
beloved  son,  Henry,  king  and  emperor  elect  [that  is,  the 
rights  of  Henry  shall  be  respected]. 

"5.  But  if  the  wickedness  of  depraved  and  iniquitous 
men  shall  so  prevail  that  a  pure,  genuine,  and  free  election 
cannot  be  held  in  this  city,  the  cardinal  bishops  with  the 
clergy  and  a  few  laymen  shall  have  the  right  to  elect  the 
pontiff  wherever  they  shall  deem  most  fitting. 

"6.  But  if. after  an  election  any  disturbance  of  war  or 
any  malicious  attempt  of  men  shall  prevail  so  that  he  who 
is  elected  cannot  be  enthroned  according  to  custom  in  the 
papal  chair,  the  pope  elect  shall  nevertheless  exercise  the 
right  of  ruling  the  holy  Roman  church,  and  of  disposing 
of  all  its  revenues,  as  we  know  St.  Gregory  did  before  his 
consecration. 

"But  if  anyone,  actuated  by  rebellion  or  presumption  or 
any  other  motive,  shall  be  elected  or  ordained  or  enthroned 
in  a  manner  contrary  to  this  our  decree,  promulgated  by  the 
authority  of  the  synod,  he  with  his  counsellors,  supporters, 
and  followers  shall  be  expelled  from  the  holy  church  of 
God  by  the  authority  of  God  and  the  holy  apostles  Peter 
and  Paul,  and  shall  be  subjected  to  perpetual  anathema  as 
Antichrist  and  the  enemy  and  destroyer  of  all  Christianity; 
nor  shall  he  ever  be  granted  a  further  hearing  in  the  case, 
but  he  shall  be  deposed  without  appeal  from  every  ecclesias- 
tical rank  which  he  may  have  held  formerly.  Whoever  shall 
adhere  to  him  or  shall  show  him  any  reverence  as  if  he  were 
pope,  or  shall  aid  him  in  any  way,  shall  be  subject  to  like 
sentence.  Moreover,  if  any  rash  person  shall  oppose  this 


No.  59]  THE  PAPACY  TO  1073  131 

our  decree  and  shall  try  to  confound  and  disturb  the  Roman 
church  by  his  presumption  contrary  to  this  decree,  let  him 
be  cursed  with  perpetual  anathema  and  excommunication, 
and  let  him  be  numbered  with  the  wicked  .who  shall  not 
arise  on  the  day  of  judgment.  Let  him  feel  upon  him  the 
weight  of  the  wrath  of  God  the  Father,  the  Son,  and  the 
Holy  Spirit,  and  let  him  experience  in  this  life  and  the  next 
the  anger  of  the  holy  apostles,  Peter  and  Paul,  whose  church 
he  has  presumed  to  confound.  Let  his  habitation  be  deso- 
late and  let  none  dwell  in  his  tents  [Ps.  69:25].  Let  his 
children  be  orphans  and  his  wife  a  widow.  Let  him  be 
driven  forth  and  let  his  sons  beg  and  be  cast  out  from  their 
habitations.  Let  the  usurer  take  all  his  substance  and  let 
others  reap  the  fruit  of  his  labors.  Let  the  whole  earth 
fight  against  him  and  let  all  the  elements  be  hostile  to  him, 
and  let  the  powers  of  all  the  saints  in  heaven  confound  him 
and  show  upon  him  in  this  life  their  evident  vengeance. 
But  may  the  grace  of  omnipotent  God  protect  those .  who 
observe  this  decree  and  free  them  from  the  bonds  of 
all  their  sins  by  the  authority  of  the  holy  apostles  Peter 
and  Paul." 

I,  Nicholas,  bishop  of  the  holy  Catholic  and  apostolic 
church,  have  subscribed  this  decree  which  has  been  promuj- 
gated  by  us,  as  said  above.  I,  Boniface,  by  the  grace  of 
God  bishop  of  Albano,  have  subscribed.  I,  Humbert,  bishop 
of  the  holy  church  of  Silva  Candida,  have  subscribed.  I, 
Peter,  bishop  of  the  church  of  Ostia,  have  subscribed.  And 
other  bishops  to  the  number  of  seventy-six,  with  priests  and 
deacons. 

1  The  seven  cardinal  bishops  were  those  of  Palsestrina,  Porto,  Ostia, 
Tusculum,  Silva  Candida,  Albano,  and  Sabina. 


III.    THE    STRUGGLE    BETWEEN    THE    EM- 
PIRE  AND   THE    PAPACY,    1O73-125O 

60-64.  PROHIBITION  or  SIMONY,  MARRIAGE  OF  THE 
CLERGY,  AND  LAY  INVESTITURE,  1074-1123. 

According  to  Roman  ideas  religion  and  its  ministers  were  a  part 
of  the  state  and  hence  under  the  control  of  the  government.  When 
Constantine  made  Christianity  a  legal  religion  the  state  took  the 
same  attitude  toward  the  new  religion  that  it  had  toward  the  old. 
The  emperor  assumed  control  over  the  Christian  clergy,  and  the  view 
soon  prevailed  that  they  were  officials  of  the  state.  Their  duties,  which 
were  at  first  purely  spiritual,  were  soon  extended  to  secular  matters. 
For  obvious  reasons  the  bishops  were  given  an  oversight  over  the 
administration  of  justice.  During  the  invasions  of  the  barbarians 
the  secular  functions  of  the  bishops  were  greatly  increased.  Karl 
the  Great  made  constant  use  of  the  bishops  in  the  administration 
of  his  realm.  By  the  tenth  century  many  bishops  were  intrusted 
to  a  large  extent  with  the  secular  government  of  their  dioceses  and 
so  were  full-fledged  officials  of  the  state.  Attendance  on  diets  was 
refluired  of  all  officials,  and  eventually  it  was  required  only  of  offi- 
cials. Bo  it  came  about  that  the  bishops  especially  formed  an  impor- 
tant part  of  the  diet.  Because  of  their  learning  they  'were  indis- 
pensable to  the  emperor  in  conducting  the  affairs  of  his  court  and 
government;  they  naturally  became  his  chief  advisers.  The  bishops, 
then,  have  two  sets  of  functions,  the  one  spiritual,  the  other  secular. 

Through  bequests  and  gifts  from  various  sources  the  clergy,  and 
especially  the  bishops  and  chief  abbots,  became  great  landholders. 
Many  gave  to  the  clergy  for  religious  reasons,  such  as  the  salvation 
of  their  souls.  But  the  emperors  had  still  other  motives :  because 
of  Iheir  office  as  emperor  they  were  bound  to  build  up  the  church ; 
they  felt  it  to  be  their  duty  to  reward  and  to  strengthen  the  clergy 
who  were  their  faithful  officials;  and,  furthermore,  since  they  fre- 
quently met  with  opposition  from  the  lay  nobility,  they  thought  it 


No.  60]        EMPIRE  AND  PAPACY,  1073-1250  133 

advisable  to  build  up  a  strong  ecclesiastical  nobility  to  serve  as  a 
check  upon  the  former. 

As  all  other  offices  and  relations  became  feudalized,  so  all  the 
clergy  underwent  the  same  process.  The  bishops  became  the  vassals 
of  the  emperor,  and  sustained  the  same  feudal  relations  to  him  as 
did  the  lay  nobility. 

Since  the  bishops  were  both  the  officials  and  vassals  of  the  em- 
peror, it  is  certain  that  he  would  insist  on  having  a  voice  in  their 
election.  Although  the  laws  of  the  church  did  not  permit  this,  nev- 
ertheless we  find  that  from  Karl  the  Great  to  Henry  III  all  the  em- 
perors exercised  the  right  of  naming  or  appointing  the  bishops. 
Although  at  the  time  no  objection  was  made  to  this  action  of  the 
emperors,  a  new  party  had  now  arisen  in  the  church  which  condemned 
it  as  simoniacal.  This  new  party  had  its  origin  in  the  monastery 
of  Cluny,  from  which  it  took  its  name.  It  was  famous  for  the  great 
reforms  which  it  was  trying  to  bring  about.  Now  it  was  a  part  of 
the  Cluniac  programme  that  the  church  should  be  freed  from  all  lay 
influence  and  that  all  ecclesiastical  offices  should  be  filled  not  by  lay 
appointment  but  by  election  by  the  clergy  (canonical  election).  Thus 
they  gave  simony  a  new  meaning  by  declaring  that  every  election 
which  was  not  canonical  was  simoniacal.  For  simony  was  originally 
only  the  purchase  or  sale  of  any  ecclesiastical  office,  but  as  the 
church,  under  the  influence  of  this  Cluniac  party,  developed  her  laws 
regarding  canonical  election  and  investiture,  it  came  to  be  applied 
to  every  form  of  election  and  investiture  other  than  canonical.  The 
emperors  had  not  only  appointed  the  bishops,  but  they  had  also 
inducted  them  into  their  office.  The  induction  into  office  was  called 
investiture.  Without  it  no  one  could  fill  the  office  to  which  he  had 
been  elected.  To  symbolize  the  power  of  the  office  the  emperor  pre- 
sented the  bishop  with  certain  objects,  such  as  a  ring  and  a  staff, 
which  represented  his  spiritual  authority  over  his  diocese,  and  with 
a  sceptre,  which  represented  his  temporal  authority.  The  Cluniac 
party  opposed  all  lay  investiture  and  insisted  that  all  the  clergy 
should  receive  the  symbols  of  their  power  from  the  church.  But 
since  the  emperor's  temporal  interests  were  so  largely  involved,  he 
could  not  yield  to  the  Cluniac  demands  without  great  loss  of  power. 
He  could  not  tamely  surrender  to  the  pope  the  control  of  the  bishops 
and  their  broad  lands.  Nor  was  it  probable  that  the  nobility  would 
give  up  their  rights  (as  patrons,  etc.)  to  appoint  the  local  clergy 
and  to  invest  them  with  their  office.  So  the  struggle  over  investiture 
was  long  and  bitter. 

Lay  investiture  had  already  been  prohibited  by  Nicholas  II  in 


134    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  Lateran  synod  of  1059  but  no  steps  had  been  taken  to  enforce 
the  prohibition.  Gregory  VII  renewed  the  prohibition  and  made  it 
one  of  the  prominent  parts  of  his  programme. 

Although  the  opinion  had  long  prevailed  in  the  church  that  the 
celibate  life,  or  chastity,  was  more  holy  than  the  married  life,  and 
therefore  more  becoming  in  the  clergy,  yet  it  was  not  uncommon  for 
clergymen  to  marry.  The  Cluniac  party  regarded  this  state  of 
affairs  as  especially  blameworthy,  and  demanded  that  all  the  clergy 
be  required  to  take  the  vow  of  perpetual  chastity.  In  this,  as  in 
other  respects,  Gregory  VII  endeavored  to  carry  out  the  Cluniac 
programme  and  so  exerted  himself  to  suppress  clerical  marriage,  or, 
as  the  Cluniac  party  called  it,  clerical  concubinage. 

The  following  documents,  nos.  60-64,  illustrate  the  legislation  of 
the  church  in  regard  to  simony,  celibacy,  and  investiture. 

60.  PROHIBITION  OF  SIMONY  AND  or  THE  MARRIAGE  OF 
THE  CLERGY,  1074  A.D. 

Sigebert  of  Gembloux,  ad  annum  1074;  M.  G.  SS.  folio,  VI,  p.  362. 

Pope  Gregory  [VII]  held  a  synod  in  which  he  anathema- 
tized all  who  were  guilty  of  simony.  He  also  forbade  all 
clergy  who  were  married  to  say  mass,  and  all  laymen  were 
forbidden  to  be  present  when  such  a  married  priest  should 
officiate.  In  this  he  seemed  to  many  to  act  contrary  to  the 
decisions  of  the  Holy  fathers  who  have  declared  that  the 
sacraments  of  the  church  are  neither  made  more  effective 
by  the  good  qualities,  nor  less  effective  by  the  sins,  of  the 
officiating  priest,  because  it  is  the  Holy  Spirit  who  makes 
them  effective. 

6 1.  SIMONY   AND    CELIBACY.     THE   ROMAN    COUNCIL, 
1074. 

Mansi,  XX,  p.  404. 

Those  who  have  been  advanced  to  any  grade  of  holy  orders, 
or  to  any  office,  through  simony,  that  is,  by  the  payment  of 
money,  shall  hereafter  have  no  right  to  officiate  in  the  holy 
church.  Those  also  who  have  secured  churches  by  giving 
money  shall  certainly  be  deprived  of  them.  And  in  the 


No.  63]         EMPIRE  AND  PAPACY,  1073-1250  135 

future  it  shall  be  illegal  for  anyone  to  buy  or  to  sell  [any 
ecclesiastical  office,  position,  etc.]. 

Nor  shall  clergymen  who  are  married  say  mass  or  serve 
the  altar  in  any  way.  We  decree  also  that  if  they  refuse 
to  obey  our  orders,  or  rather  those  of  the  holy  fathers,  the 
people  shall  refuse  to  receive  their  ministrations,  in  order 
that  those  who  disregard  the  love  of  God  and  the  dignity 
of  their  office  may  be  brought  to  their  senses  through  feel- 
ing the  shame  of  the  world  and  the  reproof  of  the  people. 

62.  CELIBACY  OF  THE  CLERGY.     GREGORY  VII,  1074. 

Mansi,  XX,  p.  433;  Corpus  Juris  Can.,  Dist.  LXXXI,  c.  xv. 

If  there  are  any  priests,  deacons,  or  subdeacons  who  are 
married,  by  the  power  of  omnipotent  God  and  the  authority 
of  St.  Peter  we  forbid  them  to  enter  a  church  until  they 
repent  and  mend  their  ways.  But  if  any  remain  with  their 
wives,  no  one  shall  dare  hear  them  [when  they  officiate  in 
the  church],  because  their  benediction  is  turned  into  a  curse, 
and  their  prayer  into  a  sin.  For  the  Lord  says  through  the 
prophet,  "I  will  curse  your  blessings"  [Mai.  2:2].  Who- 
ever shall  refuse  to  obey  this  most  salutary  command  shall 
be  guilty  of  the  sin  of  idolatry.  For  Samuel  says:  "For 
rebellion  is  as  the  sin  of  witchcraft,  and  stubbornness  is  as 
iniquity  and  idolatry"  [1  Sam.  15:23].  Whoever  therefore 
asserts  that  he  is  a  Christian  but  refuses  to  obey  the  apos- 
tolic see,  is  guilty  of  paganism. 

63.  ACTION  OF  THE  NINTH  GENERAL  COUNCIL  IN  THE 
LATERAN  AGAINST  THE  MARRIAGE  OF  THE  CLERGY,  1123  A.D. 

Denzinger,  p.  106;  Hefele,  V,  p.  194. 

We  forbid  priests,  deacons,  and  subdeacons  to  live  with 
wives  or  concubines,  and  no  woman  shall  live  with  a  clergy- 
man except  those  who  are  permitted  by  the  council  of  Nicaea, 
viz. :  mother,  sister,  aunt,  or  others  of  such  sort  that  no  sus- 
picion may  justly  arise  concerning  them. 


136    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

v/64.     PROHIBITION  OF  LAY  INVESTITURE,  NOVEMBER  19, 
1078. 

Jaffe",  II,  p.  332;  Doeberl,  III,  no.  5  a. 

Since  we  know  that  investitures  have  been  made  by  lay- 
men in  many  places,  contrary  to  the  decrees  of  the  holy 
fathers,  and  that  very  many  disturbances  injurious  to  the 
Christian  religion  have  thereby  arisen  in  the  church,  we 
therefore  decree:  that  no  clergyman  shall  receive  investiture 
of  a  bishopric,  monastery,  or  church  from  the  hand  of  the 
emperor,  or  the  king,  or  any  lay  person,  man  or  woman. 
And  if  anyone  has  ventured  to  receive  such  investiture,  let 
him  know  that  it  is  annulled  by  apostolic  authority,  and  that 
he  is  subject  to  excommunication  until  he  has  made  due 

Zaration. 
15.    DICTATUS  PAP^:,  ca.  1090. 

Jaff<?,  II,  p.  174;  Doeberl,  III,  no.  6. 

Until  recently  the  Dictatus  Paper  was  supposed  to  have  been 
written  by  Gregory  VII,  but  it  is  now  known  to  have  had  a  different 
origin.  In  1087  cardinal  Deusdedit  published  a  collection  of  the  laws 
of  the  church,  which  he  drew  from  many  sources,  such  as  the  actions 
of  councils  and  the  writings  of  the  popes.  The  Dictatus  agrees  so- 
clearly  and  closely  with  this  collection,  that  it  must  have  been  based 
on  it;  and  so  must  be  later  than  the  date  of  its  compilation, '1087. 
It  seems  evident  that  some  one,  while  reading  the  collection  of 
Deusdedit,  wishing  to  formulate  the  papal  rights  and  prerogatives, 
expressed  them  in  these  twenty-seven  theses.  Although  they  were 
not  formulated  by  Gregory  himself,  there  is  no  doubt  that  they 
express  his  chief  principles. 

1.  That   the    Roman    church   was   established   by   God 
alone. 

2.  That  the  Roman  pontiff  alone  is  rightly  called  uni- 
versal. 

3.  That  he  alone  has  the  power  to  depose  and  reinstate 
bishops. 

4.  That  his  legate,  even  if  he  be  of  lower  ecclesiastical 


No.  65]        EMPIRE  AND  PAPACY,  1073-1250  137 

rank,  presides  over  bishops  in  council,  and  has  the  power  to 
give  sentence  of  deposition  against  them. 

5.  That  the  pope  has  the  power  to  depose  those  who  are 
absent  [i.e.,  without  giving  them  a  hearing]. 

6.  That,  among  other  things,  we  ought  not  to  remain 
in  the  same  house  with  those  whom  he  has  excommunicated. 

7.  That  he  alone  has  the  right,  according  to  the  neces- 
sity of  the  occasion,  to  make  new  laws,  to  create  new  bish- 
oprics, to  make  a  monastery  of  a  chapter  of  canons,  and 
vice  versa,  and  either  to  divide  a  rich  bishopric  or  to  unite 
several  poor  ones. 

8.  That  he  alone  may  use  the  imperial  insignia. 

9.  That  all  princes  shall  kiss  the  foot  of  the  pope  alone. 

10.  That  his  name  alone  is  to  be  recited  in  the  churches. 

11.  That  the  name  applied  to  him  belongs  to  him  alone. 

12.  That  he  has  the  power  to  depose  emperors. 

13.  That  he  has  the  right  to  transfer  bishops  from  one 
see  to  another  when  it  becomes  necessary. 

14.  That  he  has  the  right  to  ordain  as  a  cleric  anyone 
from  any  part  of  the  church  whatsoever. 

15.  That  anyone  ordained  by  him  may  rule  [as  bishop] 
over  another  church,  but  cannot  serve  [as  priest]  in  it,  and 
that  such  a  cleric  may  not  receive  a  higher  rank  from  any 
other  bishop. 

16.  That  no  general  synod  may  be  called  without  his 
order. 

17.  That  no  action  of  a  synod  and  no  book  shall  be  re- 
garded as  canonical  without  his  authority. 

18.  That  his  decree  can  be  annulled  by  no  one,  and  that 
he  can  annul  the  decrees  of  anyone. 

19.  That  he  can  be  judged  by  no  one. 

20.  That  no  one  shall  dare  to  condemn  a  person  who  has 
appealed  to  the  apostolic  seat. 

21.  That  the  important  cases  of  any  church  whatsoever 
shall  be  referred  to  the  Eoman  church  [that  is,  to  the  pope]. 


138    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

22.  That  the  Roman  church  has  never  erred  and  will 
never  err  to  all  eternity,  according  to  the  testimony  of  the 
holy  scriptures. 

23.  That  the  Roman  pontiff  who  has  been  canonically 
ordained  is  made  holy  by  the  merits  of  St.  Peter,  according 
to  the  testimony  of  St.  Ennodius,  bishop  of  Pavia,  which  is 
confirmed  by  many  of  the  holy  fathers,  as  is  shown  by  the 
decrees  of  the  blessed  pope  Symmachus. 

24.  That  by  his  command  or  permission  subjects  may 
accuse  their  rulers. 

25.  That  he  can  depose  and  reinstate  bishops  without 
the  calling  of  a  synod. 

26.  That  no  one  can  be  regarded  as  catholic  who  does 
not  agree  with  the  Roman  church. 

27.  That  he  has  the  power  to  absolve  subjects  from  their 
oath  of  fidelity  to  wicked  rulers. 

Section  1  means  that  the  Roman  church  received  the  primacy  over 
the  whole  church  directly  from  Christ.  Section  8  is  based  on  the 
forged  Donation  of  Constantine,  according  to  which  the  emperor  gave 
the  pope  the  right  to  use  the  imperial  insignia.  In  section  11  it  is 
not  clear  what  name  is  meant.  It  may  be  "  universal  "  as  in  section 
2.  The  bishop  of  Rome  claimed  the  exclusive  right  to  call  himself 
pope,  apostolic,  and  universal.  Papa  or  pope  was  at  first  the 
common  title  of  all  priests,  and  is  still  so  in  the  Greek  church.  But 
in  the  course  of  time  it  was  limited  in  the  west  to  the  bishop  of 
Rome.  "  Apostolic  "  was  at  first  applied  to  all  bishops,  but  event- 
ually the  bishop  of  Rome  claimed  the  exclusive  right  to  it  and 
forbade  all  other  bishops  to  use  it.  Since  the  bishop  of  Rome  was 
the  head  of  the  whole  church  he  was  the  only  one  who  could  call 
himself  "  universal."  The  right  of  ordaining,  section  14,  that  is, 
of  raising  to  the  clerical  rank,  belonged  to  each  bishop,  but  he 
could  exercise  it  only  in  his  own  diocese.  But  the  bishop  of  Rome 
had  the  whole  world  for  his  diocese,  and  hence  he  could  ordain  any 
one,  no  matter  to  what  bishopric  he  belonged.  In  explanation  of 
section  23  the  following  passage  from  pope  Symmachus  (498-514) 
is  offered  (Hinschius,  "  Decretales,"  p.  666).  "We  do  not  judge 
that  St.  Peter  received  from  the  Lord  with  the  prerogative  of  his 
chair  [that  is,  with  his  primacy]  the  right  to  sin.  But  he  passed 


No.  66]        EMPIRE  AND  PAPACY,  1073-1250  139 

on  to  his  successors  the  perennial  dower  of  his  merits  with  his 
heritage  of  innocence.  Who  can  doubt  that  he  who  is  exalted  to  the 
height  of  apostolic  dignity  is  holy  ? " 

66.  LETTER  OF  GREGORY  VII  TO  ALL  THE  FAITHFUL, 
COMMENDING  HIS  LEGATES,  1074. 

Migne,  148,  col.  392. 

It  had  not  been  uncommon  for  the  popes  to  send  their  legates  on 
missions  to  various  parts  of  the  world,  but  Gregory  VII  made  a  far 
more  frequent  use  of  them  than  any  of  his  predecessors.  He  prac- 
tically ruled  the  church  through  them  and  demanded  that  they  be 
received  and  obeyed  by  all.  This  letter  shows  his  general  attitude 
on  the  matter,  the  authority  he  gave  them,  and  the  reception  which 
he  expected  them  to  have. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  all  the 
faithful  subjects  of  St.  Peter,  to  whom  these  presents  come, 
greeting  and  apostolic  benediction. 

You  see  that  wickedness  is  increasing  and  that  the  wiles 
of  the  devil  are  prevailing  in  the  earth,  that  Christian  char- 
ity has  grown  cold  and  religious  zeal  has  almost  disappeared 
within  the  church.  But  since  we  cannot  be  everywhere  pres- 
ent in  person  to  attend  to  all  these  matters,  we  have  sent 
to  you  two  beloved  sons  of  the  holy  Roman  church,  Geizo, 
abbot  of  St.  Boniface,  and  Maurus,  abbot  of  St.  Sabba,  who 
shall  represent  us  to  you  and  have  authority  to  do  in  our 
name  whatever  may  be  to  the  advantage  of  the  church.  Re- 
member therefore  that  saying  of  the  gospel :  "He  that  hear- 
eth  you  heareth  me;  and  he  that  despiseth  you  despiseth 
me"  [Luke  10:16].  As  you  care  for  the  friendship  and  for 
the  favor  of  St.  Peter,  whose  messengers  they  are,  receive 
them  with  the  proper  reverence  and  kindness,  and  obey  them 
in  all  matters  which  may  arise  as  part  of  their  mission  or 
through  the  exigencies  of  the  situation  among  you.  If  it 
becomes  necessary  or  expedient  for  the  legates  to  separate 
and  go  to  different  regions,  each  one  of  them  shall  be  re- 
ceived and  obeyed  as  our  representative. 


140    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

67.  OATH  OF  THE  PATRIARCH  OF  AQUILEIA  TO  GREGORY 
VII,  1079  A.D. 

Mansi,  XX,  p  525. 

Gregory  VII  required  an  oath  of  fidelity  from  all  bishops.  By 
comparing  the  oath  of  Boniface  to  Gregory  II  (no.  40)  and  the  oath 
of  Richard  of  Capua  (no.  68)  with  this  oath  of  the  patriarch  of 
Aquileia,  interesting  light  will  be  thrown  on  the  theory  and  practice 
of  Gregory  VII. 

From  now  henceforth  I  will  be  faithful  to  St.  Peter  and 
to  pope  Gregory  [VII]  and  to  his  successors  who  shall  be 
elected  by  the  better  cardinals.  Neither  in  counsel  nor  in 
deed  will  I  do  anything  to  cause  them  to  lose  their  life,  or 
limb,  or  the  papacy,  or  that  they  be  taken  prisoner  through 
any  treacherous  trick.  To  whatsoever  synod  they,  either  in 
person  or  by  messenger  or  by  letter,  may  call  me,  I  will 
come  and  I  will  obey  them  according  to  the  law;  or  if  I 
shall  not  be  able  to  come,  I  will  send  my  representative. 
I  will  aid  and  defend  them  in  holding  and  defending  the 
papacy  and  the  regalia  of  St.  Peter,  saving  the  duties  of  my 
position.  If  they,  either  in  person  or  by  messenger  or  by 
letter,  shall  intrust  me  with  a  secret,  I  will  not  knowingly 
reveal  it  to  anyone  to  their  harm.  I  will  treat  with  honor 
a  papal  legate,  whether  coming  [from  Rome]  or  going  [back 
to  Rome],  and  I  will  give  him  my  aid  whenever  he  needs  it. 
I  will  not  wittingly  associate  with  any  whom  the  pope  has 
excommunicated.  Whenever  I  shall  have  been  called  on  I 
will  aid  the  Roman  church  with  my  military  forces.  All 
these  duties  I  will  perform  unless  I  shall  have  been  excused 
from  them. 

68-73.     GREGORY  VII  EXERCISES  SECULAR  AUTHORITY. 

68.  THE  OATH  OF  FIDELITY  WHICH  RICHARD,  PRINCE 
OF  CAPUA,  SWORE  TO  GREGORY  VII,  1073. 

Migne,  148,  col.  304. 

Gregory  VII,  in  accordance  with  his  political  pretensions,  endeav- 
ored to  compel  all  rulers  of  the  Christian  world  to  acknowledge  his 


No.  68]        EMPIRE  AND  PAPACY,  1073-1250  141 

supremacy  over  them.  He  made  the  broadest  claims  to  the  propri- 
etorship of  all  kingdoms,  duthies,  counties,  etc.,  and  tried  to  compel 
all  rulers  of  every  rank  to  take  an  oath  of  vassalage  to  him  and  to 
receive  their  lands  from  him  as  fiefs.  Nos.  68-73  illustrate  this 
feature  of  his  policy. 

I,  Richard,  by  the  grace  of  God  and  St.  Peter  prince  of 
Capua,  from  this  time  forth  will  be  faithful  to  the  holy 
Roman  church,  to  the  apostolic  see,  and  to  you,  pope  Greg- 
ory. I  will  have  no  share  in  any  plan  or  any  deed  to  injure 
you  in  life  or  limb  or  to  make  you  captive.  Any  plan  which 
you  may  confide  to  me,  wishing  it  to  be  kept  secret,  I  will 
never  divulge  consciously  to  your  injury.  I  will  faithfully 
aid  you  and  the  holy  Roman  church  to  keep,  acquire,  and 
defend  the  regalia  and  the  possessions  of  St.  Peter  against 
all  men  and  I  will  assist  you  to  hold  the  papacy  and  the 
lands  of  St.  Peter  in  peace  and  honor.  I  will  never  attempt 
to  attack,  seize,  or  devastate  any  lands  without  the  express 
permission  of  you  or  your  successors,  except  -such  lands  as 
you  or  your  successors  may  have  given  to  me.  I  promise  to 
pay  to  the  Roman  church  the  legal  tribute  from  the  lands 
of  St.  Peter,  which  I  hold  or  shall  hold.  I  will  surrender 
to  your  authority  all  the  churches  which  are  in  my  lands, 
with  all  their  goods,  and  I  will  defend  them  in  their  fidelity 
to  the  holy  Roman  church.  I  will  swear  fidelity  to  king 
Henry  whenever  I  shall  be  commanded  to  do  so  by  you  or 
your  successors,  always  saving  my  fidelity  to  the  holy  Roman 
church.  If  you  or  any  of  your  successors  shall  die  before 
I  do,  I  will  support  the  better  part  of  the  cardinals  and  the 
clergy  and  the  people  of  Rome  in  the  election  and  establish- 
ment of  a  new  pope  to  the  honor  of  St.  Peter.  I  will  keep 
all  the  above  promises  to  you  and  to  the  holy  Roman  church 
in  good  faith,  and  I  will  keep  my  oath  of  fidelity  to  your 
successors  who  shall  be  ordained  popes,  if  they  are  will- 
ing to  confirm  the  investiture  which  you  have  conferred 
upon  me. 


142    SOURCE  BOOK  FOR  MEQLEVAL  HISTORY 


LETTER  OF  GREGORY  VII  TO  THE  PRINCES  WISHING 
TO  RECONQUER  SPAIN,  1073. 

Migne,  148,  cols.  289  f. 

See  introductory  note  to  no.  68. 

Gregory,  pope  elect,  to  all  the  princes  desiring  to  go  into 
.Spain,  perpetual  greeting  in  the  Lord  Jesus  Christ. 

We  suppose  you  know  that  the  kingdom  of  Spain  belonged 
of  old  to  St.  Peter,  and  that  this  right  has  never  been  lost, 
although  the  land  has  long  been  occupied  by  pagans.  There- 
fore the  ownership  of  this  land  inheres  in  the  apostolic  see 
alone,  for  whatever  has  come  into  the  possession  of  the 
churches  by  the  will  of  God,  while  it  may  be  alienated  from 
their  use,  may  not  by  any  lapse  of  time  be  separated  from 
their  ownership  except  by  lawful  grant.  Count  Evolus  of 
Roceio,  whose  fame  you  must  know,  wishes  to  attack  that 
land  and  rescue  it  from  the  heathen.  Therefore  we  have 
granted  him  the  possession  of  such  territory  as  he  may  win 
from  the  pagans  by  his  own  efforts  or  with  the  aid  of  allies, 
on  conditions  agreed  upon  by  us  as  the  representative  of 
St.  Peter.  You  who  join  him  in  this  undertaking  should 
do  so  to  the  honor  of  St.  Peter,  that  St.  Peter  may  protect 
you  from  danger  and  reward  your  fidelity  to  him.  But  if 
any  of  you  plan  to  attack  that  land  independently  with  your 
own  forces,  you  should  do  so  in  a  spirit  of  devotion  and 
with  righteous  motives.  Beware  lest  after  you  have  con- 
quered the  land  you  wrong  St.  Peter  in  the  same  way  as 
the  infidels  do  who  now  hold  it.  Unless  you  are  prepared 
to  recognize  the  rights  of  St.  Peter  by  making  an  equitable 
agreement  with  us,  we  will  forbid  you  by  our  apostolic  au- 
thority to  go  thither,  that  your  holy  and  universal  mother, 
.the  church,  may  not  suffer  from  her  sons  the  same  injuries 
which  she  now  suffers  from  her  enemies,  to  the  loss  not  only 
of  her  property,  but  also  of  the  devotion  of  her  children. 
To  this  end  we  have  sent  to  Spain  our  beloved  son,  Hugo, 


No.  70]         EMPIRE  AND  PAPACY,  1073-1250  143 

cardinal  priest  of  the  holy  Roman  church,  and  he  will  in- 
form you  more  fully  of  our  terms  and  conditions. 

70.  LETTER  OF  GREGORY  VII  TO  WRATISLAV,  DUKE  OP 
BOHEMIA,  1073. 

Migne,  148,  cols.  299  f. 

See  introductory  note  to  no.  68. 

Gregory,  etc.,  to  Wratislav,  etc.  We  give  thanks  to  om- 
nipotent God  that  you  have  been  led  by  your  devotion  and 
reverence  for  the  apostles  Peter  and  Paul,  princes  of  the 
apostles,  to  receive  our  legates  with  kindness  and  treat  them 
with  the  graciousness  which  is  becoming  to  your  majesty. 
Receive  the  assurance  of  our  good-will  in  return  for  this 
evidence  of  your  fidelity.  It  has  not  been  usual  for  papal 
legates  to  visit  your  land;  this,  however,  is  partly  the  fault 
of  your  forefathers,  as  well  as  of  our  predecessors,  for  the 
dukes  of  Bohemia  should  have  requested  the  pope  to  send 
them  legates.  But  some  of  your  subjects  have  regarded  our 
sending  of  legates  as  an  innovation,  and  have  treated  them 
with  contempt,  forgetting  the  word  of  God:  "He  that  re- 
ceiveth  you  receiveth  me"  [Matt.  10 :40] ;  "and  he  that 
despiseth  you  despiseth  me"  [Luke  10:16].  So  in  failing 
to  show  due  reverence  to  our  legates,  they  have  not  so  much 
despised  them,  as  they  have  despised  the  word  of  truth.  .  .  . 

71.  IETTER  or   GREGORY  VII  TO   SANCHO,  KING  OF 
ARAGON,  1074. 

Migne,  1<M  col.  339. 

See  introductory  note  to  no.  68. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  Sanclio, 
king  of  Aragon,  greeting  and  apostolic  benediction. 

We  received  your  gracious  letter  with  great  joy,  because 
of  the  evidence  which  it  contained  of  your  fidelity  to  the 


144    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

princes  of  the  apostles,  Peter  and  Paul,  and  to  the  holy 
Roman  church.  But  indeed  even  if  we  had  not  received 
your  letter  we  should  have  been  well  aware  of  your  fidelity 
through  the  report  of  our  legates.  By  enforcing  the  observ- 
ances of  the  Roman  form  of  service  in  the  churches  of  your 
kingdom  you  have  shown  that  you  are  a  true  son  of  the 
Roman  church  and  that  you  bear  the  same  friendship  to  us 
that  former  kings  of  Spain  have  borne  to  the  Roman .  pope. 
Be  firm  and  constant  in  the  faith  and  complete  the  good 
work  which  you  have  begun;  then  the  blessed  St.  Peter, 
whom  our  Lord  Jesus  Christ  has  made  ruler  over  the  king- 
doms of  this  world,  will  bring  to  pass  the  desires  of  your 
heart  and  will  make  you  victorious  over  your  enemies,  because 
of  the  trust  which  you  have  placed  in  him.  .  .  . 

72.  LETTER  OF  GREGORY  VII  TO  SOLOMON,  KING  OP 
HUNGARY,  1074. 

Migne,  148,  col.  373. 

See  introductory  note  to  no.  68. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  Solo- 
mon, king  of  Hungary,  greeting  and  apostolic  benediction. 

Your  letter  was  late  in  reaching  us  because  of  the  delay 
of  the  messenger,  but  when  it  did  come  we  were  displeased 
with  it  because  its  terms  were  offensive  to  St.  Peter.  For 
the  kingdom  of  Hungary,  as  you  can  learn  from  your  own 
princes,  belongs  of  right  to  the  holy  Roman  church,  having 
been  offered  and  surrendered  to  St.  Peter  with  all  its  rights 
and  powers  by  the  former  king  Stephen.  And  when  the 
emperor  Henry  [II]  of  blessed  memory,  attacked  the  king- 
dom in  the  defense  of  the  honor  of  St.  Peter  and  captured 
the  king,  he  forwarded  to  the  grave  of  St.  Peter  the  lance 
and  crown,  the  insignia  of  kingship.  But  we  hear  that  you 
have  accepted  the  kingdom  as  a  fief  from  the  king  of  the 
Germans,  thereby  infringing  the  rights  and  the  honor  of 
St.  Peter  and  acting  in  a  manner  incompatible  with  the 


No.  73]         EMPIRE  AND  PAPACY,  1073-1250  145 

virtue  and  character  of  a  king.  If  you  wish  to  have  the 
favor  of  St.  Peter  and  our  good  will,  you  must  correct  your 
faults;  you  know  yourself  that  you  cannot  hope  for  justice, 
that,  indeed,  you  cannot  reign  any  length  of  time,  unless 
you  admit  that  ^>ou  hold  the  sceptre  of  your  kingdom  from 
the  pope  and  not  from  the  king.  As  far  as  God  shall  give 
us  strength,  we  will  never  through  fear  or  affection  or  any 
personal  consideration  consent  to  the  diminishing  of  the 
honor  of  him  whom  we  serve.  But  if  you  are  willing  to 
mend  your  ways  and  act  as  a  king  should,  you  may  easily 
win  the  love  of  your  mother,  the  holy  Roman  church,  and 
our  friendship  in  Christ. 

73.  LETTER  OF  GREGORY  VII  TO  DEMETRIUS,  KING  OF 
THE  RUSSIANS,  1075. 

Migne,  148,  col.  425. 

See  introductory  note  to  no.  68. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  De- 
metrius, king  of  the  Russians,  and  to  his  wife,  the  queen, 
greeting  and  apostolic  benediction. 

Your  son  has  visited  us  at  Rome,  and  has  asked  that  we 
invest  him  with  the  kingdom  of  the  Russians  in  the  name 
of  St.  Peter.  He  has  given  sufficient  evidence  of  his  fidelity 
to  St.  Peter,  and  has  assured  us  that  he  is  acting  with  your 
consent  in  making  the  petition.  We  have  felt  justified  in 
granting  his  petition  because  of  your  consent  and  of  the 
devotion  which  he  has  evidenced;  therefore  we  have  con- 
ferred upon  him  in  the  name  of  St.  Peter  the  government 
of  your  kingdom.  We  pray  that  St.  Peter  may  protect  you 
and  your  kingdom  and  all  your  possessions  by  his  interces- 
sion with  God,  that  he  may  cause  you  to  hold  your  kingdom 
in  peace,  glory,  and  honor,  all  your  days,  and  that  at  the 
end  of  this  life  he  may  obtain  for  you  an  eternal  glory  with 
the  King  of  Heaven.  We  shall  always  be  ready  to  grant 
your  request  whenever  you  call  upon  us  in  any  righteous 


cause.  In  regard  to  this  matter  of  the  investiture  and  other 
affairs  not  mentioned  in  this  letter,  we  have  sent  you  these 
legates,  one  of  whom  is  a  well-known  and  faithful  friend  of 
yours.  Treat  them  kindly  out  of  reverence  for  St.  Peter, 
whose  legates  they  are;  listen  to  them  anft  helieve  without 
hesitation  whatever  they  may  say  on  our  behalf.  Do  not 
.allow  them  to  be  hindered  in  the  discharge  of  any  of  the 
duties  with  which  we  have  intrusted  them,  but  give  them 
your  faithful  assistance.  May  omnipotent  God  illumine  your 
soul  and  lead  you  through  this  temporal  life  to  his  eternal 
glory. 

74-81.  CONFLICT  BETWEEN  HENRY  IV  AND  GREGORY 
VII. 

V74.  LETTER  OF  GREGORY  VII  TO  HENRY  IV,  DECEM- 
BER, 1075. 

Jafte.  II,  pp.  218  ff ;  Doeberl,  III,  no.  7. 

Gregory  VII  met  with  vigorous  opposition  from  the  German  clergy 
as  well  as  from  the  king  when  he  attempted  to  enforce  his  laws 
against  simony  and  the  marriage  of  the  clergy.  In  a  synod  at  Rome, 
1075,  Feb.  24-28,  Gregory  excommunicated  five  of  Henry's  intimate 
advisers  for  the  sin  of  simony.  Henry  refused  to  recognize  the 
validity  of  this  excommunication,  and,  regardless  of  papal  protests, 
persisted  in  his  policy  of  disposing  of  bishoprics  (Milan,  Fermo, 
Spoleto,  for  example)  as  he  chose.  Gregory  determined'  to  proceed 
to  extreme  measures.  He  sent  messengers  to  Henry,  bearing  this 
letter  (no.  74)  in  which  he  defended  his  decrees  against  simony 
and  the  marriage  of  the  clergy,  and  announced  his  determination 
to  hold  fast  to  them  and  to  compel  the  whole  world  to  accept  them. 
He  also  intrusted  an  oral  message  to  the  bearers  of  the  letter  to  the 
effect  that  if  Henry  did  not  mend  his  evil  life,  and  drive  his 
excommunicated  counsellors  from  his  court,  Gregory  would  not  only 
excommunicate  him  but  also  depose  him. 

Henry's  answer  to  this  message  and  letter  was  given  at  a  national 
synod  at  Worms,  Jan.  24,  1076.  This  synod  deposed  Gregory  and 
informed  him  of  their  action  by  two  letters,  one  by  Henry  (no.  75), 
and  the  other  by  the  German  bishops  (no.  76).  Gregory  replied  by 
excommunicating  and  deposing  the  king  (no.  77). 


No.  74]         EMPIRE  AND  PAPACY,  1073-1250  147 

"  Gregory,  bishop,  servant  of  the  servants  of  God,  to  Henry, 
the  king,  greeting  and  apostolic  benediction — that  is,  if  he 
shall  prove  obedient  to  the  apostolic  see  as  a  Christian  king 
should. 

We  have  sent  you  our  apostolic  benediction  with  some 
hesitation,  knowing  that  we  must  render  account  to  God,  the 
severe  judge,  for  all  our  acts  as  pope.  Now  it  is  reported  that 
you  have  knowingly  associated  with  men  who  have  been  ex- 
communicated by  the  pope  and  the  synod.  If  this  is  true,  you 
know  that  you  cannot  receive  the  blessing  either  of  God  or 
of  the  pope  until  you  have  driven  them  from  you  and  have 
compelled  them  to  do  penance,  and  have  yourself  sought 
absolution  and  forgiveness  for  your  transgressions  with  due 
penance  and  reparation.  Therefore,  if  you  realize  your  guilt 
in  this  matter,  we  counsel  you  to  confess  straightway  to  some 
pious  bishop,  who  shall  absolve  you  with  our  permission,  en- 
joining upon  you  suitable  penance  for  this  fault,  and  who 
shall  faithfully  report  to  us  by  letter,  with  your  permission, 
the  character  of  tiie  penance  prescribed. 

We  wonder,  moreover,  that  you  should  continue  to  assure 
us  by  letter  and  messengers  of  your  devotion  and  humility; 
that  you  should  call  yourself  our  son  and  the  son  of  the  holy 
mother  church,  obedient  in  the  faith,  sincere  in  love,  dili- 
gent in  devotion,  and  that  you  should  commend  yourself  to 
us  with  all  zeal  of  love  and  reverence — whereas  in  fact  you 
are  constantly  disobeying  the  canonical  and  apostolic  de- 
crees in  important  matters  of  the  faith.  For,  to  say  nothing 
of  the  rest,  in  the  case  of  Milan,  concerning  which  you  gave 
us  your  promise  through  your  mother  and  through  our 
fellow-bishops  whom  we  sent  to  you,  the  event  has  shown 
how  far  you  intended  to  carry  out  your  promise  [that  is,  not 
at  all]  and  with  what  purpose  you  made  it.  And  now,  to 
inflict  wound  upon  wound,  contrary  to  the  apostolic  decrees 
you  have  bestowed  the  churches  of  Fermo  and  Spoleto — if 
indeed  a  church  can  be  bestowed  by  a  layman — upon  certain 


148    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

persons  quite  unknown  to  us;  for  it  is  not  lawful  to  ordain 
men  before  they  have  heen  known  and  proved. 

Since  you  confess  yourself  a  son  of  the  church,  you  should 
treat  with  more  honor  the  head  of  the  church,  that  is,  St. 
Peter,  the  prince  of  the  apostles.  If  you  are  one  of  the 
sheep  of  the  Lord,  you  have  been  intrusted  to  him  by  divine 
authority,  for  Christ  said  to  him:  "Peter,  feed  my  sheep" 
[John  21:16];  and  again:  "And  I  will  give  unto  thee  the 
keys  of  the  kingdom  of  Heaven;  and  whatsoever  thou  shalt 
bind  on  earth  shall  be  bound  in  heaven;  and  whatsoever 
thou  shalt  loose  on  earth  shall  be  loosed  in  heaven"  [Matt. 
16:19].  And  since  we,  although  an  unworthy  sinner,  exer- 
cise his  authority  by  divine  will,  the  words  which  you  ad- 
dress to  us  are  in  reality  addressed  directly  to  him.  And 
although  we  only  read  or  hear  the  words,  he  sees  the  heart 
from  which  the  words  proceed.  Therefore  your  highness 
should  be  very  careful  that  no  insincerity  be  found  in  your 
words  and  messages  to  us;  and  that  you  show  due  reverence, 
not  to  us  indeed,  but  to  omnipotent  God,  in  those  things 
which  especially  make  for  the  advance  of  the  Christian  faith 
and  the  well-being  of  the  church.  For  our  Lord  said  to 
the  apostles  and  to  their  successors:  "He  that  heareth  you 
heareth  me;  and  he  that  despiseth  you  despiseth  me" 
[Luke  10:16].  For  no  one  will  disregard  our  admonitions 
if  he  believes  that  the  decrees  of  the  pope  have  the  same 
authority  as  the  words  of  the  apostle  himself.  For  if 
our  Lord  commanded  the  apostles  out  of  reverence  for  the 
seat  of  Moses  to  observe  the  sayings  of  the  scribes  and  Phari- 
sees who  occupied  that  seat,  then  surely  the  faithful  ought 
to  receive  with  all  reverence  the  apostolic  and  evangelical 
doctrine  through  those  who  are  chosen  to  the  ministry  of 
preaching. 

Now  in  the  synod  held  at  the  apostolic  seat  to  which  the 
divine  will  has  called  us  (at  which  some  of  your  subjects 
also  were  present)  we,  seeing  that  the  Christian  religion 


No.  74]        EMPIRE  AND  PAPACY,  1073-1250  149 

had  been  weakened  by  many  attacks  and  that  the  chief  and 
proper  motive,  that  of  saving  souls,  had  for  a  long  time  been 
neglected  and  slighted,  were  alarmed  at  the  evident  danger 
of  the  destruction  of  the  flock  of  the  Lord,  and  had  recourse 
to  the  decrees  and  the  doctrine  of  the  holy  fathers;  we 
decreed  nothing  new,  nothing  of  our  invention  [that  is, 
against  simony  and  the  marriage  of  the  clergy] ;  but  we 
decided  that  the  error  should  be  abandoned  and  the  single 
primitive  rule  of  ecclesiastical  discipline  and  the  familiar 
way  of  the  saints  should  be  again  sought  out  and  followed. 
For  we  know  that  no  other  door  to  salvation  and  eternal 
life  lies  open  to  the  sheep  of  Christ  than  that  which  was 
pointed  out  by  him  who  said:  "I  am  the  door,  by  me  if 
any  man  enter  in  he  shall  be  saved,  and  find  pasture"  [John 
10:9];  and  this,  we  learn  from  the  gospels  and  from  the 
sacred  writings,  was  preached  by  the  apostles  and  observed  by 
the  holy  fathers.  And  we  have  decided  that  this  decree — 
which  some,  placing  human  above  divine  honor,  have  called  an 
unendurable  weight  and  an  immense  burden,  but  which  we 
call  by  its  proper  name,  that  is,  the  truth  and  light  neces- 
sary to  salvation — is  to  be  received  and  observed  not  only 
by  you  and  your  subjects,  but  also  by  all  princes  and  peo- 
ples of  the  earth  who  confess  and  worship  Christ;  for  it  is 
greatly  desired  by  us,  and  would  be  most  fitting  for  you, 
that,  as  you  are  greater  than  others  in  glory,  in  honor,  and 
in  virtue,  so  you  should  be  more  distinguished  in  devotion 
to  Christ. 

Nevertheless,  that  this  decree  may  not  seem  to  you  beyond 
measure  grievous  and  unjust,  we  have  commanded  you  by 
your  faithful  ambassadors  to  send  to  us  the  wisest  and  most 
pious  men  whom  you  can  find  in  your  kingdom,  so  that  if 
they  can  show  or  instruct  us  in  any  way  how  we  can  temper 
the  sentence  promulgated  by  the  holy  fathers  without  offence 
to  the  eternal  King  or  danger  to  our  souls,  we  may  consider 
their  advice.  But,  even  if  we  had  not  warned  you  in  so 


150    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

friendly  a  manner,  it  would  have  been  only  right  on  your 
part,  before  you  violated  the  apostolic  decrees,  to  have  asked 
justice  of  us  in  a  reasonable  manner  in  any  matter  in  which 
we  had  injured  or  affected  your  honor.  But  it  is  evident 
in  what  you  have  since  done  and  decreed  how  little  you  care 
for  our  warnings  or  for  the  observance  of  justice. 

But  since  we  hope  that,  while  the  long-suffering  patience 
of  God  still  invites  you  to  repent,  you  may  become  wiser 
and  your  heart  may  be  turned  to  obey  the  commands  of 
God,  we  warn  you  with  fatherly  love  that,  knowing  the  rule 
of  Christ  to  be  over  you,  you  should  consider  how  dangerous 
it  is  to  place  your  honor  above  his,  and  that  you  should  not 
interfere  with  the  liberty  of  the  church  which  he  has  deigned 
to  join  to  himself  by  heavenly  union,  but  rather  with  faith- 
ful devotion  you  should  offer  your  assistance  to  the  increas- 
ing of  this  liberty  to  omnipotent  God  and  St.  Peter,  through 
whom  also  your  glory  may  be  amplified.  You  ought  to  recog- 
nize what  you  undoubtedly  owe  to  them  for  giving  you  vic- 
tory over  your  enemies,  that  as  they  have  gladdened  you 
with  great  prosperity,  so  they  should  see  that  you  are  thereby 
rendered  more  devout.  And  in  order  that  the  fear  of  God, 
in  whose  hands  is  all  power  and  all  rule,  may  affect  your 
heart  more  than  these  our  warnings,  you  should  recall  what 
happened  to  Saul  when,  after  winning  the  victory  which  he 
gained  by  the  will  of  the  prophet,  he  glorified  himself  in  his 
triumph  and  did  not  obey  the  warnings  of  the  prophet,  and 
how  God  reproved  him;  and,  on  the  other  hand,  what  grace 
king  David  acquired  by  reason  of  his  humility,  as  well  as 
his  other  virtues. 

Finally,  in  regard  to  those  matters  in  your  letter  which 
we  have  not  yet  touched  upon,  we  will  not  give  a  definite 
answer  until  your  ambassadors,  Rapoto,  Adelbert,  and  Wodes- 
calc,  and  those  whom  we  have  sent  with  them,  shall  return 
to  us  and  shall  make  known  more  fully  your  intention  in 
regard  to  the  matters  which  we  committed  to  them  to  be 


No.  75]         EMPIRE  AND  PAPACY,  1073-1250  151 

discussed  with  you.     Given  at  Rome,  the  6th  of  the  Ides  of 
January,  the  14th  indiction. 

v  75.    THE  DEPOSITION  OF  GREGORY  VII  BY  HENRY  IV, 
JANUARY  24,  1076. 

M.  G.  LL.  folio,  II,  pp.  47  ff;  Doeberl,  III,  no.  8  b. 
See  introductory  note  to  no.  74. 

Henry,  king  not  by  usurpation,  but  by  the  holy  ordination 
of  God,  to  Hildebrand,  not  pope,  but  false  monk. 

This  is  the  salutation  which  you  deserve,  for  you  have 
never  held  any  office  in  the  church  without  making  it  a 
source  of  confusion  and  a  curse  to  Christian  men  instead 
of  an  honor  and  a  blessing.  To  mention  only  the  most 
obvious  cases  out  of  many,  you  have  not  only  dared  to  touch 
the  Lord's  anointed,  the  archbishops,  bishops,  and  priests; 
but  you  have  scorned  them  and  abused  them,  as  if  they  were 
ignorant  servants  not  fit  to  know  what  their  master  was 
doing.  This  you  have,  done  to  gain  favor  with  the  vulgar 
crowd.  You  have  declared  that  the  bishops  know  nothing 
and  that  you  know  everything;  but  if  you  have  such  great 
wisdom  you  have  used  it  not  to  build  but  to  destroy.  There- 
fore we  believe  that  St.  Gregory,  whose  name  you  have  pre- 
sumed to  take,  had  you  in  mind  when  he  said:  "The  heart 
of  the  prelate  is  puffed  up  by  the  abundance  of  subjects, 
and  he  thinks  himself  more  powerful  than  all  others."  All 
this  we  have  endured  because  of  our  respect  for  the  papal 
office,  but  you  have  mistaken  our  humility  for  fear,  and  have 
dared  to  make  an  attack  upon  the  royal  and  imperial  author- 
ity which  we  received  from  God.  You  have  even  threatened 
to  take  it  away,  as  if  we  had  received  it  from  you,  and  as 
if  the  empire  and  kingdom  were  in  your  disposal  and  not 
in  the  disposal  of  God.  Our  Lord  Jesus  Christ  has  called 
us  to  the  government  of  the  empire,  but  he  never  called  you 
to  the  rule  of  the  church.  This  is  the  way  you  have  gained 


152    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

advancement  in  the  church :  through  craft  you  have  obtained 
wealth;  through  wealth  you  have  obtained  favor;  through 
favor,  the  power  of  the  sword;  and  through  the  power  of 
the  sword,  the  papal  seat,  which  is  the  seat  of  peace;  and 
then  from  the  seat  of  peace  you  have  expelled  peace.  For 
you  have  incited  subjects  to  rebel  against  their  prelates  by 
teaching  them  to  despise  the  bishops,  their  rightful  rulers. 
You  have  given  to  laymen  the  authority  over  priests,  whereby 
they  condemn  and  depose  those  whom  the  bishops  have  put 
over  them  to  teach  them.  You  have  attacked  me,  who,  un- 
worthy as  I  am,  have  yet  been  anointed  to  rule  among  the 
anointed  of  God,  and  who,  according  to  the  teaching  of  the 
fathers,  can  be  judged  by  no  one  save  God  alone,  and  can 
be  deposed  for  no  crime  except  infidelity.  For  the  holy 
fathers  in  the  time  of  the  apostate  Julian  did  not  presume 
to  pronounce  sentence  of  deposition  against  him,  but  left 
him  to  be  judged  and  condemned  by  God.  St.  Peter  him- 
self said:  "Fear  God,  honor  the  king"  [1  Pet.  2:17].  But 
you,  who  fear  not  God,  have  dishonored  me,  whom  He  hath 
established.  St.  Paul,  who  said  that  even  an  angel  from 
heaven  should  be  accursed  who  taught  any  other  than  the 
true  doctrine,  did  not  make  an  exception  in  your  favor,  to 
permit  you  to  teach  false  doctrines.  For  he  says:  "But 
though  we,  or  an  angel  from  heaven,  preach  any  other  gos- 
pel unto  you  than  that  which  we  have  preached  unto  you, 
let  him  be  accursed"  [Gal.  1:8].  Come  down,  then,  from 
that  apostolic  seat  which  you  have  obtained  by  violence;  for 
you  have  been  declared  accursed  by  St.  Paul  for  your  false 
doctrines  and  have  been  condemned  by  us  and  our  bishops 
for  your  evil  rule.  Let  another  ascend  the  throne  of  St. 
Peter,  one  who  will  not  use  religion  as  a  cloak  of  violence, 
but  will  teach  the  life-giving  doctrine  of  that  prince  of  the 
apostles.  I,  Henry,  king  by  the  grace  of  God,  with  all  my 
bishops,  say  unto  you:  "Come  down,  come  down,  and  be 
accursed  through  all  the  ages." 


No.  76]         EMPIRE  AND  PAPACY,  1073-1250  153 

76.  LETTER  OF  THE  BISHOPS  TO  GREGORY  VII,  JANUARY 
24,  1076. 

Codex  Udalrici,  no.  162;  M.  G.  LL.  folio,  II,  pp.  44  ff;  Doeberl,  III,  no.  8  a. 
See  introductory  note  to  no.  74. 

Siegfried,  archbishop  of  Mainz,  Udo,  bishop  of  Trier,  Will- 
iam, bishop  of  Utrecht,  etc.  [a  list  of  names  of  bishops, 
twenty-six  in  all],  to  brother  Hildebrand. 

At  first  when  you  made  yourself  pope  we  thought  it  bet- 
ter to  ignore  the  illegality  of  your  action  and  to  submit  to 
your  rule,  in  the  hope  that  you  would  redeem  your  bad 
beginning  by  a  just  and  righteous  government  of  the  church, 
although  we  realized  even  then  the  enormity  of  the  sin  which 
you  had  committed.  But  now  the  lamentable  condition  of 
the  whole  church  shows  us  only  too  well  how  we  were  de- 
ceived in  you;  your  violent  entrance  into  office  was  but  the 
first  in  a  series  of  wicked  deeds  and  unjust  decrees.  Our 
Lord  and  Eedeemer  has  said,  in  more  places  than  we  can 
well  enumerate  here,  that  love  and  gentleness  are  the  marks 
of  his  disciples,  but  you  are  known  for  your  'pride,  your 
ambition,  and  your'  love  of  strife.  You  have  introduced 
worldliness  into  the  church;  you  have  desired  a  great  name 
rather  than  a  reputation  for  holiness;  you  have  made  a 
schism  in  the  church  and  offended  its  members,  who  before 
your  time  were  living  together  in  peace  and  charity.  Your 
mad  acts  have  kindled  the  flame  of  discord  which  now  rages 
in  the  churches  of  Italy,  Germany,  France,  and  Spain.  The 
bishops  have  been  deprived  of  their  divine  authority,  which 
rests  upon  the  grace  of  the  Holy  Spirit  received  through 
ordination,  and  the  whole  administration  of  ecclesiastical 
matters  you  have  given  to  rash  and  ignorant  laymen.  There 
is  nowhere  in  the  church  to-day  a  bishop  or  a  priest  who 
does  not  hold  his  office  through  abject  acquiescence  in  your 
ambitious  schemes.  The  order  of  bishops,  to  whom  the  gov- 
ernment of  the  church  was  intrusted  by  the  Lord,  you  have 


154    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

thrown  into  confusion,  and  you  have  disturbed  that  excel- 
lent coordination  of  the  members  of  Christ  which  Paul  in 
so  many  places  commends  and  inculcates,  while  the  name 
of  Christ  has  almost  disappeared  from  the  earth;  and  all 
this  through  those  decrees  in  which  you  glory.  Who  among 
men  is  not  filled  with  astonishment  and  indignation  at  your 
claims  to  sole  authority,  by  which  you  would  deprive  your 
fellow-bishops  of  their  coordinate  rights  and  powers?  For 
you  assert  that  you  have  the  authority  to  try  any  one  of  our 
parishioners  for  any  sin  which  may  have  reached  your  ears 
even  by  chance  report,  and  that  no  one  of  us  has  the  power 
to  loose  or  to  bind  such  a  sinner,  but  that  it  belongs  to  you 
alone  or  to  your  legate.  Who  that  knows  the  scriptures  does 
not  perceive  the  madness  of  this  claim?  Since,  therefore, 
it  is  now  apparent  that  the  church  of  God  is  in  danger  of 
destruction  through  your  presumption,  we  have  come  to  the 
conclusion  that  this  state  of  things  can  no  longer  be  endured, 
and  we  have  determined  to  break  our  silence  and  to  make 
public  the  reasons  why  you  are  unfit  and  have  always  been 
unfit  to  rule  the  church  as  pope.  These  are  the  reasons: 
In  the  first  place,  in  the  reign  of  emperor  Henry  [III]  of 
blessed  memory,  you  bound  yourself  by  oath  never  to  accept 
the  papacy  or  to  permit  anyone  else  to  accept  it  during  the 
life  of  that  emperor  or  of  his  son  without  the  consent  of 
the  emperor.  There  are  many  bishops  still  living  who  can 
bear  witness  to  that  oath.  On  another  occasion,  when  cer- 
tain cardinals  were  aiming  to  secure  the  office,  you  took  an 
oath  never  to  accept  the  papacy,  on  condition  that  they 
should  all  take  the  same  oath.  You  know  yourself  how 
faithfully  you  have  kept  these  oaths!  In  the  second  place, 
it  was  agreed  in  a  synod  held  in  the  time  of  pope  Nicholas 
[II]  and  attended  by  125  bishops,  that  no  one,  under  pen- 
alty of  excommunication,  should  ever  accept  the  papacy  who 
had  not  received  the  election  of  the  cardinals,  the  approba- 
tion of  the  people,  and  the  consent  of  the  emperor.  You 


No.  77]         EMPIRE  AND  PAPACY,  1073-1250  155 

yourself  proposed  and  promoted  that  decree  and  signed  it 
with  your  own  hand.  In  the  third  place,  you  have  filled 
the  whole  church  with  the  stench  of  scandal,  by  associating 
on  too  intimate  terms  with  a  woman  who  was  not  a  member 
of  your  family  [the  countess  Matilda].  We  do  not  wish  to 
base  any  serious  charge  on  this  last  accusation;  we  refer  to 
it  because  it  outrages  our  sense  of  propriety.  And  yet  the 
complaint  is  very  generally  made  that  all  the  judgments  and 
acts  of  the  papacy  are  passed  on  by  the  women  about  the 
pope,  and  that  the  whole  church  is  governed  by  this  new 
female  conclave.  And  finally,  no  amount  of  complaint  is 
adequate  to  express  the  insults  and  outrages  you  have  heaped 
upon  the  bishops,  calling  them  sons  of  harlots  and  other 
vile  names.  Therefore,  since  your  pontificate  was  begun  in 
perjury  and  crime,  since  your  innovations  have  placed  the 
church  of  God  in  the  gravest  peril,  since  your  life  and  con- 
duct are  stained  with  infamy;  we  now  renounce  our  obedi- 
ence, which  indeed  was  never  legally  promised  to  you.  You 
have  declared  publicly  that  you  do  not  consider  us  to  be 
bishops;  we  reply  that  no  one  of  us  shall  ever  hold  you  to 
be  the  pope. 

V  77.  THE  FIRST  DEPOSITION  AND  EXCOMMUNICATION  OF 
HENRY  IV  BY  GREGORY  VII,  1076. 

Greg  VII.  Reg.,  Ill,  no.  10  a;  Jaff<§,  II,  pp.  223  ff;  Doeberl,  III,  no.  9. 
See  introductory  note  to  no.  74. 

St.  Peter,  prince  of  the  apostles,  incline  thine  ear  unto 
me,  I  beseech  thee,  and  hear  me,  thy  servant,  whom  thou 
hast  nourished  from,  mine  infancy  and  hast  delivered  from 
mine  enemies  that  hate  me  for  my  fidelity  to  thee.  Thou 
art  my  witness,  as  are  also  my  mistress,  the  mother  of  God, 
and  St.  Paul  thy  brother,  and  all  the  other  saints,  that  thy 
holy  Roman  church  called  me  to  its  government  against  my 
own  will,  and  that  I  did  not  gain  thy  throne  by  violence  j 


156    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

that  I  would  rather  have  ended  my  days  in  exile  than  have 
obtained  thy  place  by  fraud  or  for  worldly  ambition.  It 
is  not  by  my  efforts,  but  by  thy  grace,  that  I  am  set  to  rule 
over  the  Christian  world  which  was  specially  intrusted  to 
thee  by  Christ.  It  is  by  thy  grace  and  as  thy  representative 
that  God  has  given  to  me  the  power  to  bind  and  to  loose  in 
heaven  and  in  earth.  Confident  of  my  integrity  and  author- 
ity, I  now  declare  in  the  name  of  omnipotent  God,  the 
Father,  Son,  and  Holy  Spirit,  that  Henry,  son  of  the  em- 
peror Henry,  is  deprived  of  his  kingdom  of  Germany  and 
Italy ;  I  do  this  by  thy  authority  and  in  defence  of  the  honor 
of  thy  church,  because  he  has  rebelled  against  it.  He  who 
attempts  to  destroy  the  honor  of  the  church  should  be  de- 
prived of  such  honor  as  he  may  have  held.  He  has  refused 
to  obey  as  a  Christian  should,  he  has  not  returned  to  God 
from  whom  he  had  wandered,  he  has  had  dealings  with  ex- 
communicated persons,  he  has  done  many  iniquities,  he  has 
despised  the  warnings  which,  as  thou  art  witness,  I  sent  to 
him  for  his  salvation,  he  has  cut  himself  off  from  thy 
church,  and  has  attempted  to  rend  it  asunder;  there- 
fore, by  thy  authority,  I  place  him  under  the  curse.  It  is 
in  thy  name  that  I  curse  him,  that  all  people  may  know 
that  thou  art  Peter,  and  upon  thy  rock  the  Son  of  the  living 
God  has  built  his  church,  and  the  gates  of  hell  shall  not  pre- 
vail against  it. 

78.    THE  AGREEMENT  AT  OPPENHEIM,  'OCTOBER,  1076. 

M.  G.  LL.  4to,  IV,  1,  nos.  64,  65;  Codex  Udalrici,  nos.  145,  155;  Doeberl,  III. 
no.  12. 

Various  parts  of  Germany  were  already  in  revolt  against  Henry 
IV,  and  the  immediate  effect  of  the  papal  excommunication  was  to 
strengthen  the  rebellious  party.  Being  almost  deserted,  Henry  found 
himself  unable  to  refuse  the  demands  of  the  rebels.  He  agreed  to 
submit  to  Gregory  in  all  things,  and  rescinded  the  edicts  by  which 
he  had  deposed  him.  He  also  called  on  all  his  subjects  to  submit  to 
the  pope  (no.  79). 


No.  79]         EMPIRE  AND  PAPACY,  1073-1250  157 

Promise  of  king  Henry  to  pope  Hildebrand,  also  called 
Gregory. 

In  accordance  with  the  advice  of  my  subjects,  I  hereby 
promise  to  show  henceforth  fitting  reverence  and  obedience 
to  the  apostolic  office  and  to  you,  pope  Gregory.  I  further 
promise  to  make  suitable  reparation  for  any  loss  of  honor 
which  you  or  your  office  may  have  suffered  through  me. 
And  since  I  have  been  accused  of  certain  grave  crimes,  I 
will  either  clear  myself  by  presenting  proof  of  my  innocence 
or  by  undergoing  the  ordeal,  or  else  I  will  do  such  penance 
as  you  may  decide  to  be  adequate  ior  my  fault. 

79.  EDICT  ANNULLING  THE  DECREES  AGAINST  POPE 
GREGORY. 

Cf.  reference  to  no.  78. 

Henry,  by  the  grace  of  God  king,  to  the  archbishops, 
bishops,  margraves,  counts,  and  to  his  subjects  of  every  rank 
and  dignity,  greeting  and  good  will.  Our  faithful  subjects 
have  convinced  us  that  in  our  recent  controversy  with  pope 
Gregory  we  were  led  astray  by  certain  evil  counsellors. 
Therefore  we  now  make  known  to  all,  that  we  have  repented 
of  our  former  actions  and  have  determined  henceforth  to 
obey  him  in  everything,  as  our  predecessors  Fere  wont  to  do 
before  us,  and  to  make  full  reparation  for  any  injury  which 
we  may  have  inflicted  upon  him  or  his  office.  We  command 
all  of  you  to  follow  our  example  and  to  offer  satisfaction  to 
St.  Peter  and  to  his  vicar,  pope  Gregory,  for  any  fault  you 
may  have  committed,  and  to  seek  absolution  from  him,  if 
any  of  you  are  under  his  ban. 

l/8o.  LETTER  OF  GREGORY  VII  TO  THE  GERMAN  PRINCES 
CONCERNING  THE  PENANCE  OF  HENRY  IV  AT  CANOSSA,  ca. 
JANUARY  28,  1077. 

Greg.  VII.  Reg.,  IV,  nos.  12,  12  a;  Jaffe",  II,  pp.  256  ff;  Doeberl,  III,  no.  13. 
At  Oppenheim  Henry  IV  had  been  temporarily  deposed.     He  sent 
away  his  counsellors  who  had  been  excommunicated,  gave  up  all  par- 


ticipation  in  the  affairs  of  government,  laid  aside  all  the  royal  in- 
signia, and  withdrew  to  the  city  of  Speier,  which  he  was  not  to 
leave  until  the  matter  was  adjusted  by  the  pope,  who  was  to  come 
to  Germany  and  hold  a  diet  in  February,  1077.  But  Henry  did  not 
keep  his  word.  Fearing  that  he  would  be  permanently  deposed  if  the 
pope  should  come  to  Germany  and  sit  with  his  rebellious  subjects  inr 
judgment  on  him,  he  determined  to  forestall  matters  by  going  to  see 
the  pope  in  Italy.  So  he  fled  from  Speier  and  hastened  as  rapidly  as 
possible  into  Italy.  He  came  to  Canossa,  where  he  humbled  himself 
before  Gregory  and  received  absolution.  It  was  at  least  a  diplomatic 
triumph  for  Henry,  because  he  had  kept  the  pope  from  coming  to 
Germany  and  uniting  with  his  rebellious  nobles,  who  would  have 
labored  hard  to  secure  the  permanent  deposition  of  Henry.  The 
final  decision  of  the  matter  was  indeed  left  to  the  pope  and  the  diet 
which  was  to  be  held  in  Germany,  but  the  pope  did  not  go  to  Ger- 
many, and  Henry  was  able  to  point  to  the  fact  that  he  had  received 
papal  absolution.  The  oath  which  Gregory  VII  required  of  Henry 
is  given  in  no.  81. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  all  the 
archbishops,  bishops,  dukes,  counts,  and  other  princes  of  the 
German  kingdom,  defenders  of  the  Christian  faith,  greeting 
and  apostelic  benediction. 

Since  you  have  made  common  cause  with  us  and  shared 
our  perils  in  the  recent  controversy,  we  have  thought  it  only 
right  that  you  should  be  informed  of  the  recent  course  of 
events,  how  king  Henry  came  to  Italy  to  do  penance,  and 
how  we  were  led  to  grant  him  absolution. 

According  to  the  agreement  made  with  your  representa- 
tives we  had  come  to  Lombardy  and  were  there  awaiting 
those  whom  you  were  to  send  to  escort  us  into  your  land. 
But  after  the  time  set  was  already  passed,  we  received  word 
that  it  was  at  that  time  impossible  to  send  an  escort,  because 
of  many  obstacles  that  stood  in  the  way,  and  we  were  greatly 
exercised  at  this  and  in  grave  doubt  as  to  what  we  ought  to 
do.  In  the  meantime  we  learned  that  the  king  was  approach- 
ing. Now  before  he  entered  Italy  he  had  sent  to  us  and 
had  offered  to  make  complete  satisfaction  for  his  fault, 


No.  80]         EMPIRE  AND  PAPACY,  1073-1250  156 

promising  to  reform  and  henceforth  to  obey  us  in  all  things,, 
provided  we  would  give  him  our  absolution  and  blessing. 
We  hesitated  for  some  time,  taking  occasion  in  the  course 
of  the  negotiations  to  reprove  him  sharply  for  his  former 
sins.  Finally  he  came  in  person  to  Canossa,  where  we  were 
staying,  bringing  with  him  only  a  small  retinue  and  mani- 
festing no  hostile  intentions.  Once  arrived,  he  presented 
himself  at  the  gate  of  the  castle,  barefoot  and  clad  only  in 
wretched  woollen  garments,  beseeching  us  with  tears  to  grant 
him  absolution  and  forgiveness.  This  he  continued  to  do  for 
three  days,  until  all  those  about  us  were  moved  to  compas- 
sion at  his  plight  and  interceded  for  him  with  tears  and 
prayers.  Indeed,  they  marvelled  at  our  hardness  of  heart, 
some  even  complaining  that  our  action  savored  rather  of 
heartless  tyranny  than  of  chastening  severity.  At  length  his 
persistent  declarations  of  repentance  and  the  supplications 
of  all  who  were  there  with  us  overcame  our  reluctance,  and 
we  removed  the  excommunication  from  him  and  received 
him  again  into  the  bosom  of  the  holy  mother  church.  But 
first  he  took  the  oath  which  we  have  subjoined  to  this  letter, 
the  abbot  of  Cluny,  the  countess  Matilda,  the  countess  Ade- 
laide, and  many  other  ecclesiastic  and  secular  princes  going 
surety  for  him.  Now  that  this  arrangement  has  been  reached 
to  the  common  advantage  of  the  church  and  the  empire, 
we  purpose  coming  to  visit  you  in  your  own  land  as  soon  as 
possible.  For,  as  you  will  perceive  from  the  conditions  stated 
in  the  oath,  the  matter  is  not  to  be  regarded  as  settled  until 
we  have  held  consultation  with  you.  Therefore  we  urge  you 
to  maintain  that  fidelity  and  love  of  justice  which  first 
prompted  your  action.  We  have  not  bound  ourself  to  any- 
thing, except  that  we  assured  the  king  that  he  might  depend 
upon  us  to  aid  him  in  everything  that  looked  to  his  salva- 
tion and  honor. 


160    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

81.  THE  OATH  OF  KING  HENRY. 

Cf.  reference  to  no.  80. 

See  introductory  note  to  no.  80. 

I,  Henry,  king,  promise  to  satisfy  the  grievances  which 
my  archbishops,  bishops,  dukes,  counts,  and .  other  princes 
of  Germany  or  their  followers  may  have  against  me,  within 
the  time  set  by  pope  Gregory  and  in  accordance  with  his 
conditions.  If  I  am  prevented  by  any  sufficient  cause  from 
doing  this  within  that  time,  I  will  do  it  as  soon  after  that 
as  I  may.  Further,  if  pope  Gregory  shall  desire  to  visit 
Germany  or  any  other  land,  on  his  journey  thither,  his 
sojourn  there,  and  his  return  thence,  he  shall  not  be  molested 
or  placed  in  danger  of  captivity  by  me  or  by  anyone  whom 
I  can  control.  This  shall  apply  to  his  escort  and  retinue 
and  to  all  who  come  and  go  in  his  service.  Moreover,  I  will 
never  enter  into  any  plan  for  hindering  or  molesting  him, 
but  will  aid  him  in  good  faith  and  to  the  best  of  my  ability 
if  anyone  else  opposes  him. 

82.  COUNTESS  MATILDA  GIVES  ALL  HER  LANDS  TO  THE 
CHURCH,  1102. 

M.  G.  LL.  4to,  IV,  1,  p.  654,  no.  444. 

The  countess  Matilda  supported  the  papacy  in  its  claims  of  tem- 
poral sovereignty,  and,  when  she  died,  left  it  all  her  lands.  The 
emperors  did  not  recognize  the  validity  of  the  legacy,  and  declared 
that  she  had  no  right  to  give  away  what  belonged  to  the  empire.  The 
quarrel  about  these  lands  was  often  renewed. 

In  the  name  of  the  holy  and  undivided  Trinity.  .  .  . 
In  the  time  of  Gregory  VII,  in  the  Lateran  palace,  in  the 
chapel  of  the  holy  cross,  in  the  presence  of  [witnesses], 
.  I,  Matilda,  by  the  grace  of  God  countess,  for  the 
salvation  of  my  soul  and  the  souls  of  my  parents,  gave  to  the 
church  of  St.  Peter  and  to  Gregory  VII  all  my  possessions, 
present  and  future,  by  whatever  title  I  may  hold  them.  I 


No.  83]         EMPIRE  AND  PAPACY,  1073-1250  161 

gave  all  my  lands  in  Italy  and  Germany,  and  I  had  a  docu- 
ment drawn  up  to  that  effect.  But  now  the  document  has 
disappeared,  and  I  fear  that  my  gift  may  be  questioned. 
Therefore,  I,  countess  Matilda,  again  give  to  the  church  of 
Home,  through  Bernard,  cardinal  and  legate  of  the  same 
holy  church  of  Eome,  just  as  I  did  in  the  time  of  Gregory 
VII,  all  my  possessions,  present  and  future,  in  both  Italy 
and  Germany,  by  whatever  right  I  hold  them,  for  the  sal- 
vation of  my  soul  and  the  souls  of  my  parents.  All  these 
possessions,  which  belong  to  me,  with  all  that  pertains  to 
them,  in  all  their  entirety,  I  give  to  the  said  church  of  Rome, 
and  by  this  deed  of  gift  I  confirm  the  church  in  the  posses- 
sion of  them.  As  symbols  and  evidences  that  I  have  sur- 
rendered these  lands  I  have  given  a  knife,  a  knotted  straw, 
a  glove,  a  piece  of  sod,  and  a  twig  from  a  tree.  .  .  . 

83.  THE  FIRST  PRIVILEGE  WHICH  PASCHAL  II  GRANTED 
TO  HENRY  V,  FEBRUARY  12,  1111. 

M.  G.  LL.  folio,  II,  pp.  68  ff;  Doeberl,  III,  no.  20  a. 

In  the  struggle  about  the  election  and  investiture  of  bishops, 
which  was  begun  by  Gregory  VII,  Henry  V  pursued  the  same  policy 
as  his  father,  Henry  IV.  He  was  so  vigorous  in  pushing  his  claims 
that  Paschal  II  (1099-1118)  yielded  and  in  1111  decreed  that  the 
high  clergy  should  givfe  up  all  their  fiefs  and  temporal  offices,  and 
exercise  only  spiritual  functions.  But  this  action  met  with  a  storm 
of  opposition.  The  bishops  refused  to  give  up  their  temporal  posses- 
sions, and  resisted  with  such  determination  that  Paschal  was  com- 
pelled to  cancel  his  agreement  with  Henry  V.  But  the  king  would 
not  be  denied.  He  brought  such  pressure  to  bear  on  the  pope  that 
he  made  a  complete  surrender  and  granted  Henry  the  control  of  the 
elections  of  bishops  and  the  unconditional  right  to  invest  them  with 
their  office  (no.  84). 

Paschal,  bishop,  servant  of  the  servants  of  God,  to  his 
beloved  son  Henry,  and  to  his  successors  forever. 

Priests  are  forbidden  by  the  scriptures  and  by  the  canons 
of  the  church  to  occupy  themselves  with  secular  affairs  or 


162    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

to  attend  the  public  courts,  except  in  the  exercise  of  their 
office,  such  as  the  saving  of  the  souls  of  the  condemned  or 
the  assisting  of  the  injured.  In  regard  to  this  St.  Paul 
says:  "If  then  ye  have  judgments  of  things  pertaining  to 
this  life,  set  them  to  judge  who  are  least  esteemed  in  the 
church"  [1  Cor.  6:4].  But  in  your  kingdom  bishops  -and 
abbots  regularly  attend  the  courts  and  perform  military  ser- 
vice, which  duties  necessarily  bring  them  into  contact  with 
rapine,  sacrilege,  and  violence.  The  ministers  of  the  altar 
are  made  ministers  of  the  royal  court,  and  are  given  cities, 
duchies,  marks,  mints,  and  other  offices  to  hold  and  to  rule. 
As  a  result  an  unbearable  custom  has  arisen  that  bishops  elect 
cannot  be  consecrated  until  they  have  been  invested  with  office 
by  the  king.  Simony  and  worldly  ambition  have  thereby 
beconie. so.  prevalent  that  men  are  sometimes  placed  in  con- 
trol of  the  episcopal  properties  who  have  not  been  elected 
bishops;  and  are  sometimes  invested  with  them  while  the 
true  bishops  are  still  alive.  Our  predecessors,  pope  Gregory 
VII  and  pope  Urban  II,  of  blessed  memory,  were  impelled 
by  the  many  evils  resulting  from  this  practice  to  condemn 
lay  investiture  in  several  councils,  decreeing  tha.t  those  who 
obtained  ecclesiastical  offices  by  these  means  should  be  forced 
to  surrender  them  and  that  those  who  conferred  the  investi- 
ture should  be  excommunicated.  ThS  was  based  on  the 
chapter  of  the  apostolic  canons  which  reads:  "If  a  bishop 
makes  use  of  the  secular  powers  to  obtain  a  diocese,  he  shall 
be  deposed  and  those  who  supported  him  shall  be  cast  out 
of  the  church."  [See  no.  33.]  Following  their  example, 
we  have  confirmed  the  present  decree,  which  has  been  passed 
by  a  council  of  bishops. 

All  the  royal  offices  and  benefices  which  belonged  to  the 
empire  in  the  time  of  the  emperors  Karl,  Ludwig,  and  your 
other  predecessors,  and  which  are  now  held  by  the  church, 
we  order  to  be  restored  to  you.  We  forbid  any  bishop  or 
abbot,  under  pain  of  anathema,  to  hold  any  of  these  regalia ; 


No.  84]        EMPIRE  AND  PAPACY,  1073-1250  163 

that  is,  cities,  duchies,  marks,  counties;  rights  of  minting, 
markets,  or  tolls ;  offices  of  advocate  or  hundred-man ;  estates 
which  belong  to  the  empire,  with  any  of  their  appurtenances, 
the  right  to  hold  castles  or  to  do  military  service.  They 
shall  not  henceforth  have  anything  to  do  with  these  regalia, 
except  at  the  request  of  the  king.  And  our  successors  are 
forbidden  to  disturb  this  arrangement  or  to  molest  you  or 
any  of  your  kingdom  in  the  peaceful  possession  of  the  regalia. 

On  the  other  hand,  we  decree  that  the  churches  shall  have 
absolute  control  of  their  free-will  offerings  and  their  private 
possessions,  which  is  in  keeping  with  the  promise  which  you 
made  in  your  coronation  oath. 

For  it  is  necessary  that  the  bishops  be  free  from  secular 
duties  that  they  may  give  their  time  to  the  care  of  their 
flocks,  and  not  be  too  long  absent  from  their  churches;  as 
St.  Paul  says  of  the  bishops:  "They  watch  for  your  souls, 
as  they  that  must  give  account"  [Heb.  13:17], 

84.  THE  SECOND  PRIVILEGE  WHICH  PASCHAL  II 
GRANTED  TO  HENRY  V,  APRIL  12,  1111. 

M.  G.  LL.  folio,  II,  pp.  72  ff;  Doeberl,  III,  no.  20  b. 
See  introductory  note  to  no.  83. 

Paschal,  -bishop,  servant  of  the  servants  of  God,  to  his 
beloved  son,  Henry,  by  the  grace  of  God  king  of  the  Ger- 
mans and  emperor  of  the  Romans,  Augustus,  greeting  and 
apostolic  benediction.  It  is  the  will  of  God  that  your  king- 
dom should  be  closely  bound  to  the  holy  Koman  church. 
Your  predecessors  obtained  the  crown  and  empire  of  the 
Roman  world  because  of  their  wisdom  and  virtue;  you  also 
have  been  exalted  to  that  dignity  by  the  will  of  God  work- 
ing through  us.  And  so  we  confer  upon  you  the  preroga- 
tives which  our  predecessors  granted  to  former  emperors. 
By  this  document  we  concede  to  you  the  right  of  investing 
the  bishops  and  abbots  of  your  kingdom  with  the  ring  and 


164    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

the  staff,  if  their  election  has  been  conducted  canonically 
and  without  simony  or  other  illegality.  After  their  inves- 
titure they  are  to  be  consecrated  in  due  canonical  form  by 
their  bishops.  If  the  clergy  and  people  elect  a  bishop  or  an 
abbot  without  first  gaming  your  consent,  he  shall  not  be 
consecrated  until  you  have  invested  him  with  his  office.  The 
right  of  consecrating  such  bishops  and  abbots  as  have  re- 
ceived investiture  from  you  shall  belong  to  the  archbishops 
and  bishops  of  your  kingdom.  For  your  predecessors  en- 
dowed the  churches  of  their  realm  with  so  many  benefices 
from  their  own  lands  and  offices  that  it  became  necessary  for 
them  to  control  the  elections  of  bishops  and  abbots,  and  to 
put  down  the  popular  disturbances  that  frequently  arose  in 
these  elections. 

As  a  result'  of  this  concession  you  ought  to  be  the  more 
zealous  in  the  defence  and  in  the  enrichment  of  the  church 
of  Rome  and  the  other  churches  of  God.  If  any  person, 
ecclesiastic  or  layman,  shall  knowingly  violate  this  decree,  he 
shall  be  accursed  and  deprived  of  his  office  and  rank.  But 
may  God  reward  those  who  keep  it,  and  grant  that  you  may 
rule  happily  to  his  honor  and  glory.  Amen. 

,85-86.    CONCORDAT  OF  WORMS,  1122. 
^85.    THE  PROMISE  OF  CALIXTUS  II. 

M.  G.  LL.  folio,  II,  pp.  75  ff ;  Doeberl,  III,  no.  21  a. 

The  victory  won  by  Henry  V  over  Paschal  II  (no.  84)  was  of 
short  duration  because  the  Cluniac  party  refused  to  submit.  They 
renewed  the  struggle  with  great  bitterness.  The  contest  lasted  to 
1122,  when  a  compromise  was  agreed  upon.  In  general  it  may  be 
said  that  the  compromise  was  a  sensible  one,  in  that  the  king  was 
recognized  as  having  the  right  to  invest  the  bishops  with  their  fiefs 
and  secular  authority,  while  the  pope  was  to  invest  them  with  their 
spiritual  office  and  .authority.  This  settlement  of  the  principle  did 
not  entirely  end  the  struggle,  because,  in  the  first  place,  neither  party 
observed  it  perfectly,  and,  besides,  it  occasionally  happened  that  there 
was  some  doubt  as  to  how  the  principle  was  to  be  applied. 


No.  86]         EMPIRE  AND  PAPACY,  1073-1250  165 

Calixtus,  bishop,  servant  of  the  servants  of  God,  to  his 
beloved  son,  Henry,  by  the  grace  of  God  emperor  of  the 
Komans,  Augustus. 

We  hereby  grant  that  in  Germany  the  elections  of  the 
bishops  and  abbots  who  hold  directly  from  the  crown  shall 
be  held  in  your  presence,  such  elections  to  be  conducted 
canonically  and  without  simony  or  other  illegality.  In  the 
case  of  disputed  elections  you  shall  have  the  right  to  decide 
between  the  parties,  after  consulting  with  the  archbishop  of 
the  province  and  his  fellow-bishops.  You  shall  confer  the 
regalia  of  the  office  upon  the  bishop  or  abbot  elect  by  giving 
him  the  sceptre,  and  this  shall  be  done  freely  without  exact- 
ing any  payment  from  him;  the  bishop  or  abbot  elect  on  his 
part  shall  perform  all  the  duties  that  go  with  the  holding 
of  the  regalia. 

In  other  parts  of  the  empire  the  bishops  shall  receive  the 
regalia  from  you  in  the  same  manner  within  six  months  of 
their  consecration,  and  shall  in  like  manner  perform  all  the 
duties  that  go  with  them?  The  undoubted  rights  of  the 
Eoman  church,  however,  are  not  to  be  regarded  as  preju- 
diced by  this  concession.  If  at  any  time  you  shall  have 
occasion  to  complain  of  the  carrying  out  of  these  pro- 
visions, I  will  undertake  to  satisfy  your  grievances  as  far 
as  shall  be  consistent  with  my  office.  Finally,  I  hereby 
make  a  true  and  lasting  peace  with  you  and  with  all  of  your 
followers,  including  those  who  supported  you  in  the  recent 
controversy. 

*  86.    THE  PROMISE  OF  HENRY  V. 

M.  G.  LL.  folio,  II,  p.  76;  Doeberl,  III,  no.  21  b. 

In  the  name  of  the  holy  and  undivided  Trinity. 

For  the  love  of  God  and  his  holy  church  and  of  pope 
Calixtus,  and  for  the  salvation  of  my  soul,  I,  Henry,  by  the 
grace  of  God,  emperor  of  the  Eomans,  Augustus,  hereby 
surrender  to  God  and  his  apostles,  Sts.  Peter  and  Paul,  and 


166    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

to  the  holy  Catholic  church,  all  investiture  by  ring  and 
staff.  I  agree  that  elections  and  consecrations  shall  be  con- 
ducted canonically  and  shall  be  free  from  all  interference. 
I  surrender  also  the  possessions  and  regalia  of  St.  Peter 
which  have  been  seized  by  me  during  this  quarrel.,  or  by  my 
father  in  his  lifetime,  and  which  are  now  in  my  possession, 
and  I  promise  to  aid  the  church  to  recover  such  as  are  held 
by  any  other  persons.  I  restore  also  the  possessions  of  all 
other  churches  and  princes,  clerical  or  secular,  which  have 
been  taken  away  during  the  course  of  this  quarrel,  which  I 
have,  and  promise  to  aid  them  to  recover  such  as  are  held  by 
any  other  persons. 

Finally,  I  make  true  and  lasting  peace  with  pope  Calixtus 
and  with  the  holy  Roman  church  and  with  all  who  are  or 
have  ever  been  of  his  party.  I  will  aid  the  Roman  church 
whenever  my  help  is  asked,  and  will  do  justice  in  all  matters 
in  regard  to  which  the  church  may  have  occasion  to  make 
complaint. 

All  these  things  have  been  d"bne  with  the  consent  and 
advice  of  the  princes  whose  names  are  written  below: 
Adelbert,  archbishop  of  Mainz;  Frederick,  archbishop  of 
Cologne,  etc. 


J, 


87.     ELECTION  NOTICE,  1125. 

Jaff<?,  V,  pp.  396  ff;  Doeberl,  IV,  no.  1. 

On  the  death  of  a  king  of  Germany,  it  was  the  duty  of  the  arch- 
bishop of  Mainz,  as  archchancellor  of  Germany,  to  call  a  diet  for  the 
purpose  of  electing  his  successor.  He  did  this  by  writing  a  letter  in 
practically  the  same  terms  to  each  of  the  important  men  of  the  king- 
dom who  were  members  of  the  diet.  These  letters  were  then  delivered 
by  special  messengers.  The  diet  which  met  in  response  to  this  call 
in  1125  elected  Lothar  of  Saxony.  The  tone  of  the  letter  reveals  the 
fact  that  Adelbert  of  Mainz  was  inclined  rather  to  the  side  of  the 
pope.  The  "yoke  of  servitude"  which  was  oppressing  the  church 
was  the  imperial  control  which  Henry  V  had  exercised  over  the 
ecclesiastical  elections. 


No.  87]        EMPIRE  AND  PAPACY,  1073-1250  167 

Adelbert,  archbishop  of  Mainz;  Frederick,  archbishop  of 
Cologne;  Udalric,  bishop  of  Constance;  Buco,  bishop  of 
Worms;  Arnold,  bishop  of  Speier;  Udalric,  abbot  of  Fulda; 
Henry,  duke  of  Bavaria;  Frederick,  duke  of  Suabia;  God- 
frey, count  palatine;  Berengar,  count  of  Sulzbach,  along 
with  the  other  princes,  ecclesiastical  and  secular,  who  were 
present  at  the  funeral  of  the  late  emperor,  send  their  greet- 
ing and  most  faithful  services  to  their  venerable  brother, 
Otto,  bishop  of  Bamberg. 

After  the  burial  of  our  late  lord  and  emperor,  we  who 
were  there  present  thought  it  expedient  to  counsel  together 
in  regard  to  the  condition  of  the  state.  We  were  unwilling 
to  make  any  definite  plans,  however,  without  your  presence 
and  advice,  and  so  -we  determined  to  call  a  diet  to  meet  at 
Mainz  on  St.  Bartholomew's  Day  [August  25],  hoping  that 
this  decision  would  meet  your  approval.  It  is  our  thought 
that  the  princes  should  meet  then  and  take  the  necessary 
action  in  regard  to  the  serious  problems  that  confront  us: 
the  general  state  of  the  kingdom,  the  question  of  a  succes- 
sor, and  other  matters.  In  thus  calling  a  diet  without  first 
gaining  your  approval,  we  have  not  meant  to  infringe  in 
any  way  upon  your  rights  or  to  arrogate  to  ourselves  any 
peculiar  authority  in  this  matter.  We  ask  you  to  bear  in 
mind  the  oppression  of  the  church  in  these  days  and  to  pray 
earnestly  that  in  the  providence  of  God  this  election  may 
result  in  the  freeing  of  the  church  from  its  yoke  of  servi- 
tude and  in  the  establishing  of  peace  for  us  and  for  our 
people.  You  are  instructed  to  declare  a  special  peace  for 
your  lands,  to  be  kept  during  the  time  of  the  diet  and  four 
weeks  thereafter,  so  that  all  may  come  and  return  in  per- 
fect security;  and  to  come  to  the  diet  yourself  in  the  cus- 
tomary manner,  that  is,  at  your  own  expense  and  without 
inflicting  any  burden  upon  the  poor  of  the  realm. 


168    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

88.  ANACLETE  II  GIVES  ROGER  THE  TITLE  OF  KING  OF 
SICILY,  1130. 

Watterich,  Pont.  Rom.  Vita,  II,  pp.  193  ff;  Doeberl,  IV,  no.  4. 

The  Norman  adventurers  in  southern  Italy  were  successful  beyond 
all  expectation.  In  1059  Nicholas  II  made  a  duke  of  Roger  Guis- 
card  (see  no.  58).  He  and  his  successors  labored  hard  to  advance 
the  interests  of  their  family,  and  in  1130  Roger,  duke  of  Sicily,  had 
the  satisfaction  of  receiving  the  royal  title  from  Anaclete  II.  There 
had  been  a  disputed  papal  election  that  year,  and  Anaclete  II,  one  of 
the  rival  claimants,  needed  all  the  help  he  could  get.  So  he  bought 
the  support  of  Roger,  giving  him  in  return  the  title  of  king. 

It  is  fitting  that  the  pope  should  generously  reward  those 
that  love  the  Roman  church.  And  so,  because  of  the  labors 
and  services  of  your  father  and  mother,  "and  because  of  your 
own  efforts  in  behalf  of  the  church,  we  have  given  and 
granted  to  you,  Robert,  by  the  grace  of  God  duke  of  Sicily, 
and  to  your  son  Robert  and  your  other  children  and 
heirs,  the  crown  of  Sicily,  Apulia,  and  Calabria,  and 
of  all  the  lands  given  by  us  or  our  predecessors  to  your 
ancestors,  Robert  Guiscard  and  Robert  his  son,  dukes 
of  Apulia.  You  shall  have  and  hold  this  kingdom, 
which  shall  take  its  name  from  the  island  of  Sicily,  with 
all  the  royal  authority  and  dignity  forever.  "We  also  grant 
that  you  and  your  heirs  may  be  anointed  and  crowned 
by  the  archbishops  of  your  lands  whom  you  choose  for  that 
purpose,  assisted  by  such  bishops  as  you  may  desire.  We 
hereby  renew  all  gifts,  concessions,  and  authority  conferred 
upon  you  and  upon  your  predecessors,  Robert  Guiscard, 
Robert  his  son,  and  William,  dukes  of  Apulia,  to  be  held  and 
possessed  by  you  forever.  We  give  and  grant  to  you  and 
to  your  heirs  the  principality  of  Capua  in  its  full  extent  as 
held  now  or  in  the  past  by  the  prince  of  Capua;  we  confer 
upon  you  the  lordship  over  Naples  and  its  dependencies,  and 
the  right  to  demand  aid  from  the  inhabitants  of  Benevento 
against  your  enemies.  At  your  request  we  also  grant  to  the 


No.  89]         EMPIRE  AND  PAPACY,  1073-1250  169 

archbishop  of  Palermo  and  to  his  successors  the  right  to 
consecrate  the  three  bishops  of  Syracuse,  Girgenti,  and  Ca- 
tania, on  the  condition  that  the  authority  and  possessions 
of  these  churches  shall  not  be  in  any  way  diminished  by 
the  archbishop  and  the  church  of  Palermo.  We  reserve  our 
decision  as  to  the  consecration  of  the  other  two  bishops  of 
Sicily  for  more  mature  deliberation.  We  have  granted  all 
the  above  concessions  on  the  condition  that  you  and  your 
heirs  take  the  oath  of  fidelity  to  us  and  to  our  successors  at 
a  place  agreed  upon  by  both  parties,  and  that  you  and  your 
heirs  shall  pay  a  tax  of  600  "schifates"  [a  gold  coin]  a  year 
to  the  Eoman  church  upon  demand.  .  .  . 


89.  THE  CORONATION  OATH  OF  LOTHAE  II,  JUNE  4, 
1133. 

M.  G.  LL.  folio,  II,  pp.  82  ff ;  Doeberl,  IV,  no.  6  a. 

Every  king,  on  his  coronation  as  emperor,  was  required  to  take  an 
oath  to  the  pope,  the  character  of  which  may  be  seen  from  the  oath 
of  Lothar. 

This  is  the  oath  which  king  Lothar  swore  to  pope  Inno- 
cent in  the  time  of  the  schism  of  the  son  of  Pierreleone.  The 
oath  was  taken  by  Lothar  on  the  day  of  his  imperial  corona- 
tion before  he  received  the  crown,  and  was  administered  by 
Cencio  Frangipani  in  the  presence  of  the  Koman  nobles, 
before  the  basilica  of  the  Holy  Saviour,  which  is  also  called 
the  basilica  of  Constantine. 

I,  king  Lothar,  promise  and  swear  to  you,  pope  Innocent, 
that  I  will  never  injure  you  or  your  successors  in  any  way 
or  place  you  in  danger  of  captivity.  I  further  promise  to 
defend  the  honor  of  the  papacy,  and  to  restore  the  regalia 
of  St.  Peter  which  I  may  have  in  my  possession,  and  to 
aid  you  in  recovering  such  as  may  be  held  by  any  other 
persons. 


go.  INNOCENT  II  GRANTS  THE  LANDS  OF  THE  COUNTESS 
MATILDA  AS  A  FIEF  TO  LOTHAK  II,  1133. 

Theiner,  Cod.  Dom.  Temp.,  I,  12;  Doeberl,  IV,  no.  6  c. 

Matilda,  countess  of  Tuscany,  espoused  the  cause  of  the  pope,  and, 
on  her  death,  willed  all  her  lands  to  him.  The  emperor  refused  to 
acknowledge  the  validity  of  this  will,  declaring  that  her  holdings 
were  feudal,  and  hence  must  revert  to  the  crown,  because  they  could 
not  be  disposed  of  without  imperial  consent.  [See  no.  82.]  Lothar 
here  gives  up  the  imperial  claim  to  them  and  yields  them  to  the  pope, 
but  receives  them  back  as  a  fief.  The  question  was  not  thereby 
settled  forever,  because  later  emperors  refused  to  be  bound  by  the 
action  of  Lothar,  and  renewed  the  imperial  pretensions.  These  lands 
were  a  fruitful  source  of  contention  between  the  popes  and  the 
emperors.  This  document,  as  here  given,  is  probably  an  abstract  of 
two  documents,  ( 1 )  the  one  by1  which  the  lands  were  conferred  on 
Lothar,  and  ( 2 )  that  by  which  they  were  later  transferred  to  Lothar's 
son-in-law,  Henry,  duke  of  Bavaria. 

(The  document  begins  with  a  general  exordium,  setting  forth  the 
common   interests  of    papacy   and   empire,    recalling  the   services   of 
Lothar   in  behalf  of  the   church,  and   stating  the  obligation  of   the 
;pope  to  reward  such  services.) 

It  is  on  these  considerations,  therefore,  that  we  now  grant 
you  by  our  apostolic  authority  the  allodial  lands  which  the 
countess  Matilda  formerly  gave  to  St.  Peter.  In  the  pres- 
ence of  our  brothers,  the  archbishops,  bishops,  and  abbots, 
and  princes  and  barons,  we  now  confer  them  upon  you  by 
the  investiture  of  the  ring,  on  the  following  conditions:  you 
shall  pay  100  pounds  of  silver  annually  to  us  and  to  our 
successors ;  after  your  death  the  property  shall  revert  unim- 
paired and  without  hindrance  to  the  possession  of  the  holy 
Roman  church;  we  and  our  brothers  shall  always  have  safe- 
conduct  and  suitable  entertainment  whenever  we  pass  through 
or  visit  the  land;  and,  finally,  your  representative  in  the 
government  of  the  land  shall  take  an  oath  of  fidelity  to  St. 
Peter  and  to  the  pope. 

Because  of  our  love  for  you  we  graciously  concede  this 
land  on  the  same  conditions  to  your  son-in-law,  Henry,  duke 


No.  91]        EMPIRE  AND  PAPACY,  1073-1250  171 

of  Bavaria,  and  his  wife,  your  daughter.  It  is  further  stipu- 
lated that  the  duke  shall  do  homage  to  us  and  take  an  oath 
of  fidelity  to  St.  Peter  and  to  the  pope;  and  that  after  their 
death  the  land  shall  revert  to  the  possession  of  the  Roman 
church,  as  said  above.  In  all  this  there  shall  be  no  deroga- 
tion of  the  rights  and  ultimate  ownership  of  the  holy  Roman 
church. 

91.  LETTER  OF  BERNARD  OF  CLAIRVAUX  TO  LOTHAR  II, 
1134. 

Migne,  182,  cols.  293  ff;  Doeberl,  IV,  no.  7. 

In  1130  there  was  a  disputed  papal  election.  Innocent  II,  on  being 
driven  from  Rome  by  his  rival,  Anaclete  II,  went  to  France,  where 
he  enlisted  Bernard  of  Clairvaux  in  his  favor.  Through  the  efforts 
of  Bernard  the  kings  of  France  and  Germany  were  persuaded  to 
support  him.  Lothar  led  an  army  into  Italy,  established  Innocent 
in  Rome,  and  received  the  imperial  crown.  He  failed,  however,  to 
conquer  Roger,  who  had  been  made  king  of  Sicily  by  the  antipope, 
Anaclete  II  ( see  no.  88 ) .  Bernard  wrote  this  letter  to  congratulate 
Lothar  on  his  success  in  Italy,  to  urge  him  to  renew  the  war  on 
Roger  because  he  was  still  supporting  the  antipope,  and  to  rebuke 
Lothar  for  opposing  some  decision  of  the  pope  in  regard  to  a  trouble 
that  had  arisen  in  the  church  at  Toul. 

To  Lothar,  by  the  grace  of  God  emperor  of  the  Romans, 
Augustus,  Bernard,  called  abbot  of  Clairvaux,  sends  his 
blessing,  if  the  prayer  of  a  sinner  is  of  any  avail. 

Blepsed  be  God,  who  has  chosen  you  and  exalted  you 
for  a  horn  of  salvation  unto  us,  to  the  glory  of  his  name, 
the  restoration  of  the  empire,  the  preservation  of  his  church 
in  this  evil  time,  and  the  working  of  his  salvation  in  the 
midst  of  the  earth.  For  it  is  by  his  will  that  you  are  daily 
growing  in  strength,  in  honor,  and  in  glory.  And  when 
you  recently  undertook  the  hazardous  expedition  to  Rome 
to  secure  the  peace  of  the  empire  and  the  liberty  of  the 
church,  it  was  by  his  aid  that  you  were  able  to  carry 
it  through  successfully,  obtaining  the  crown  of  the  em- 


pire  without  the  aid  of  a  large  army.  But  if  the  earth 
trembled  and  was  silent  before  that  little  band,  think  what 
great  terror  will  strike  the  hearts  of  the  enemy  when  the 
king  shall  proceed  against  him  in  the  greatness  of  his  power. 
Moreover,  the  justice  of  your  cause,  nay,  more,  a  double 
necessity,  will  inspire  you.  It  is  not  my  duty  to  incite 
princes  to  war;  but  it  is  the  duty  of  the  defender  of  the 
church  to  ward  off  all  danger  of  schism;  it  is  the  duty  of 
the  emperor  to  recover  his  crown  from  the  Sicilian  usurper. 
Just  as  that  Jew  [that  is,  Anaclete  II]  rebelled  against 
Christ  when  he  seized  the  papal  chair,  so  anyone  who  would 
make  himself  king  in  Sicily  rebels  against  Cssar. 

But  if  we  are  commanded  to  render  unto  Cffisar  the  things 
which  are  Cesar's  and  unto  God  the  things  which  are  God's, 
why  is  it  that  you  have  permitted  the  church  of  God  in 
Toul  to  be  robbed,  especially  as  Caesar  profits  not  thereby? 
.  .  .  For  it  is  said  that  you  have  interfered  with  the  pope 
in  his  efforts  to  bring  the  oppressors  of  that  church  to  jus- 
tice. I  beseech  you  to  act  more  circumspectly  and  to  recall 
your  intercession  and  let  justice  take  its  course,  before  that 
church  be  destroyed  to  its  foundations.  I  am  a  poor  per- 
son, but  a  faithful  subject,  and  if  I  seem  importunate  it  is 
because  of  my  fidelity.  -Greet  my  lady  the  empress  for  me 
in  the  love  of  Christ. 

92.    LETTER  OF  BERNARD  TO  CONRAD  III,  1140. 

Migne,  182,  no.  183;  Doeberl,  IV,  no.  11. 

Because  Roger  of  Sicily  had  supported  the  antipope,  Bernard  had 
urged  Lothar  to  make  war  on  him.  [See  no.  91.]  But  Innocent  had, 
in  the  meantime,  without  consulting  the  emperor,  made  a  treaty  with 
Roger  and  won  his  support  by  also  granting  him  the  royal  title 
(1139).  Conrad  III  was  offended  by  this  and  protested  against  it. 
Conrad  declared  that  the  kingdom  which  Roger  held,  that  is,  Sicily 
and  southern  Italy,  was  a  part  of  the  empire,  and  therefore  the  pope 
had  no  right  to  recognize  Roger  as  king  there.  Conrad  regarded 
Roger  as  a  usurper.  He  wrote  a  letter  to  Bernard  complaining  of 
the  action  of  the  pope.  But  Bernard  had  changed  his  sentiments  since 


No.  93]         EMPIRE  AND  PAPACY,  1073-1250  173 

Roger  had  espoused  the  cause  of  Innocent  and  had  received  papal 
confirmation.  In  a  somewhat  curt  manner  he  tells  Conrad  to  obey 
the  pope. 

I,  unworthy  person  that  I  am,  have  received  your  letter 
and  greeting  with  gratitude  and  devotion.  The  complaints 
of  the  king  are  ours  also,  especially  in  regard  to  the  usurpa- 
tion of  the  Sicilian. 

I  have  never  desired  the  disgrace  of  the  king  nor  the 
diminution  of  his  realm;  my  soul  hates  such  as  do  desire 
these  things.  Bftt  I  read:  "Let  every  soul  be  subject  unto 
the  higher  powers;  whosoever  resisteth  the  power,  resist- 
eth  the  ordinance  of  God"  [Rom.  13:1,  2].  Hearken  to 
this  admonition,  I  pray  you,  and  show  such  reverence  to  St. 
Peter  and  to  his  vicar  as  you  wish  to  be  shown  to  you  by 
the  whole  empire.  There  are  certain  other  matters  which 
I  have  thought  better  not  to  put  in  writing;  perhaps  it 
would  be  better  to  speak  of  them  to  you  personally  when  I 
see  you. 

93.  LETTER  OF  CONRAD  III  TO  THE  GREEK  EMPEROR, 
JOHN  COMNENUS,  1142. 

Otto  Fris.  Gesta  Frid.,  I,  c.  25;  M.  G.  SS.  folio,  XX;  Doeberl,  IV,  no.  12. 

Although  the  German  and  Greek  emperors  had  not  adjusted  their 
conflicting  claims  to  southern  Italy  and  Sicily  (see  no.  58,  intro- 
ductory note ) ,  they  were  agreed  in  regarding  the  Normans  as  usurp- 
ers and  a  common  enemy.  In  order  to  destroy  them  the  emperors 
determined  to  make  common  cause  against  them,  as  is  apparent  from 
the  following  letter.  John  Commenus,  wishing  to  strengthen  the  alli- 
ance with  Conrad,  asked  him  to  choose  some  German  princess  for  his 
son,  Manuel.  Conrad  chose  his  sister-in-law,  Bertha  von  Sulzbach, 
who,  at  the  time  of  her  marriage  with  Manuel,  assumed  the  name 
Irene. 

Conrad,  by  the  grace  of  God  emperor  of  the  Romans, 
Augustus,  to  John,  by  the  same  grace  emperor  of  Constan- 
tinople, greeting  and  fraternal  love. 


174    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

As  our  predecessors,  the  Roman  emperors,  made  friend- 
ship with  your  predecessors  and  established  the  honor  and 
glory  of  the  kingdom  of  the  Greeks,  we  desire  to  do  the  same ; 
and  as  they  defended  it,  so  we  will  defend  it.  It  is  known 
of  all  men  that  your  new  Rome  [Constantinople]  is  the 
daughter  of  our  Rome,  the  root  from  which  have  come  your 
branches  and  fruits.  Therefore  we  are  determined  to  main- 
tain toward  you  the  attitude  of  a  kind  mother  to  her  daugh- 
ter, all  the  more  that  we  perceive  in  you  a  desire  to  act  as 
a  dutiful  daughter.  We  two  should  have»  the  same  inter- 
ests, the  same  friends,  and  the  same  enemies,  on  land  and 
sea.  Anyone  who  fails  to  honor  the  daughter  shall  have 
occasion  to  know  and  fear  the  strength  of  the  mother,  be 
he  Norman  or  Sicilian,  or  any  other.  For  we  have  not  for- 
gotten the  attacks  which  our  enemy  has  made  upon  our  own 
empire.  With  the  help  of  God,  we  shall  repay  to  every  one 
according  to  the  measure  of  his  guilt.  Then  the  whole 
world  shall  see  how  easily  those  who  have  dared  to  rebel 
against  us  both  are  overwhelmed  and  cast  down;  for  if  we 
cut  his  wings,  we  shall,  as  it  were,  take  the  enemy  flying,  and 
cut  out  of  his  heart  that  arrogance  which  has  caused  him  to 
revolt  against  us.  It  is  our  firm  purpose  to  maintain  friendly 
relations  toward  you,  and  we  are  sure  you  hold  the  same 
purpose  toward  us,  all  the  more  now  that  we  are  bound 
together  by  the  approaching  marriage  of  your  son  and  the 
sister  of  our  wife,  the  empress.  .  . 

94.  LETTER  OF  WIBALD,  ABBOT  OF  STABLO,  TO  EUGENE 
III,  1159. 

Jaff(5, 1,  p.  372;  Doeberl,  IV,  no.  24  a. 

The  following  letter  shows  (1)  the  mismanagement  of  the  affairs 
of  a  great  monastery,  (2)  the  troubles  which  might  arise  in  con- 
nection with  the  election  of  an  abbot,  ( 3 )  the  influence  which  Conrad 
III  exercised  on  such  elections,  and  (4)  the  method  of  procedure  in 
elections.  It  will  be  remembered  that  the  concordat  of  Worms  was 
now  in  force. 


No.  94]         EMPIRE  AND  PAPACY,  1073-1250  175 

To  his  reverend  father  and  lord,  pope  Eugene,  Wibald 
[abbot  of  Stablo],  sends  his  reverence  and  respect. 

Our  beloved  brother  Henry,  abbot  of  Hersfeld,  who  had 
also  been  placed  in  charge  of  the  abbey  of  Fulda,  was  called 
from  this  earth  by  God  soon  after  our  lord  Conrad  returned 
from  his  expedition  to  Jerusalem.  The  king  was  prevented 
from  immediately  settling  the  affairs  of  the  monastery  of 
Fulda  by  the  evil  state  into  which  its  affairs  had  fallen  and 
by  the  violence  of  party  strife  within  it.  This  delay  was 
unfortunate,  because  the  king  was  not  able  either  to  recover 
its  possessions  which  had  been  squandered  or  to  provide  for 
the  performance  of  the  spiritual  functions  of  the  church, 
that  is,  the  care  of  souls.  Therefore  we  and  our  brothers, 
the  abbot  of  Eberach  and  other  clergymen,  urged  upon  him 
the  necessity  of  settling  its  affairs  as  soon  as  possible. 
Finally  he  came  to  Fulda  on  the  5th  of  April  and  held  a 
diet  there,  which  was  attended  by  your  venerable  sons,  the 
archbishop  of  Bremen,  and  the  bishops  of  Wiirzburg  and 
Halberstadt,  and  many  secular  princes  and  nobles.  Among 
other  things,  the  king  sought  their  advice  in  regard  to  the 
affairs  of  Fulda,  seeking  to  reach  a  settlement  by  which  he 
might  render  unto  God  the  things  which  are  God's  and  unto 
Caesar  the  things  which  are  Caesar's.  After  a  long  and  fruit- 
less debate  .  .  .  the  king  said  that  a  certain  man  had 
been  suggested  to  him  as  being  of  good  character  and  holy 
reputation.  This  man,  it  was  said,  had  been  successful  in 
the  administration  of  a  small  monastery,  which  had  pros- 
pered under  his  rule  both  spiritually  and  materially,  and 
there  was  no  reason  for  doubting  that  he  was  well  fitted  by 
his  zeal  and  ability  to  govern  the  monastery  of  Fulda.  If 
they  voted  to  elect  this  man,  he  was  sure  that  the  monastery 
would  recover  its  former  honor  and  dignity  under  his  wise 
and  mild  administration.  All  those  present  were  delighted 
with  this  speech,  as  showing  the  interest  of  the  king  in  the 
welfare  of  the  church,  and  the  matter  was  reported  by  some 


176    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  us  to  those  who  had  the  authority  to  elect  the  abbot. 
They  in  turn  were  rejoiced  at  this  turn  of  the  affair  and 
begged  to  be  told  the  name  of  the  man.  And  when  it  was 
told  to  them  they  proceeded  to  elect  him  as  their  abbot.  This 
man  is  Mainward,  abbot  of  Deggingen,  .  .  .  who  has 
ruled  that  monastery  for  eight  years  and  has  been  very  suc- 
cessful in  his  administration.  We  beseech  you  to  confirm  his 
election,  for  he  is  recommended  by  those  who  know  him  best, 
and  his  election  took  place  without  his  knowledge,  and  indeed 
against  his  will.  We  believe  that  by  confirming  his  elec- 
tion and  giving  him  your  benediction  you  will  do  much  to 
heal  the  wounds  of  the  distressed  congregation  of  Fulda. 
We  ourselves  bear  witness  that  all  the  brothers  of  the  con- 
gregation have  promised  obedience  and  devotion  to  their 
abbot  elect. 

May  God  keep  you  safe  and  unharmed  to  rule  his  holy 
church. 

95.  LETTER  OF  FREDERICK  I  TO  EUGENE  III,  ANNOUNC- 
ING HIS  ELECTION,  1152. 

Jaffc<,  I,  Wibaldi  Epp.,  no.  372;  Doeberl,  IV,  no.  25  a. 

During  the  Middle  Age  there  were  many  constitutional  questions 
which  had  not  been  decided.  On  many  points  no  theory  had  been 
formulated,  and  the  practice  varied.  Thus  it  had  not  been  clearly 
determined  how  far  the  pope  might  control  the  election  of  the  Ger- 
man king.  In  1125  Lothar  had  asked  the  pope  to  confirm  his  elec- 
tion; Frederick  I  merely  informs  the  pope  of  his  election  and  tells 
him  the  policy  which  he  intends  to  pursue.  Eugene  III  "approves" 
his  election,  but  does  not  use  the  more  technical  word,  "confirm." 

To  his  most  beloved  father  in  Christ,  Eugene,  pope  of 
the  holy  Roman  church,  Frederick,  by  the  grace  of  God 
king  of  the  Romans,  Augustus,  [sends]  filial  love  and 
reverence. 

.  .  .  Following  the  custom  of  the  Roman  emperors,  we 
have  sent  to  you  as  ambassadors,  Eberhard,  venerable  bishop 


No.  95]         EMPIRE  AND  PAPACY,  1073-1250  177 

of  Bamberg,  Hillo,  bishop  elect  of  Trier,  and  Adam,  abbot  of 
Eberach,  to  notify  you  of  our  election  and  of  the  condition 
of  the  church  and  the  realm. 

After  the  death  of  Conrad,  king  of  the  Romans,  all  the 
princes  of  the  kingdom  came  together  at  Frankfurt,  and  on 
the  day  of  their  assembling  elected  us  king.  The  princes 
displayed  complete  harmony  in  this  election  and  the  people 
received  it  with  the  greatest  approval  and,  delight.  Five  days 
later,  just  after  the  middle  of  Lent,  we  were  anointed  at 
Aachen  by  your  beloved  sons,  the  archbishop  of  Cologne,  and 
other  venerable  bishops,  and  were  raised  to  the  throne  with 
their  solemn  benediction.  And  now  that  we  have  been  in- 
vested with  the  royal  authority  and  dignity  by  the  homage 
of  the  secular  princes  and  the  benediction  of  the  bishops,  we 
intend  to  assume  the  royal  character,  as  set  forth  in  our 
coronation  oath;  namely,  to  love  and  honor  the  pope,  to 
defend  the  holy  Roman  church  and  all  ecclesiastical  persons, 
to  maintain  peace  and  order,  and  to  protect  the  widows  and 
the  fatherless  and  all  the  people  committed  to  our  care.  God 
has  established  two  powers  by  which  this  world  should  be 
ruled,  the  papacy  and  the  empire;  therefore  we  are  prepared 
to  obey  the  priests  of  Christ,  in  order  that,  through  our  zeal, 
the  word  of  God  may  prevail  during  our  time,  and  that  no 
one  may  disobey  with  impunity  the  laws  of  the  holy  fathers 
or  the  decrees  of  the  councils,  and  that  the  church  may  enjoy 
her  ancient  honor  and  dignity  and  the  empire  be  restored 
to  its  former  strength.  We  know  that  you  were  greatly  dis- 
tressed at  the  death  of  our  uncle  and  predecessor  Conrad, 
but  we  assure  you,  beloved  father,  that  we  have  succeeded 
him  not  only  in  the  kingdom,  but  also  in  the  love  which  he 
bore  you.  We  undertake  his  work  of  defending  the  holy 
Roman  church,  and  we  intend  to  carry  on  the  plans  which 
he  made  for  the  honor  and  liberty  of  the  apostolic  see.  Your 
enemies  shall  be  our  enemies,  and  those  that  hate  you  shall 
suffer  our  displeasure. 


178    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 
96.     ANSWER  OF  EUGENE  III,  MAY  17,  1152. 

Jaffa",  I,  Wibaldi  Epp.,  no.  382;  Doeberl,  IV,  no.  25  c. 
See  introductory  note  to  no.  95. 

Eugene,  bishop,  servant  of  the  servants  of  God,  to  his 
heloved  son  in  Christ,  Frederick,  illustrious  king  of  the  Ro- 
mans, greeting  and  apostolic  benediction. 

We  have  received  ^the  messengers  and  the  letter  which  you 
sent  to  inform  us  of  your  election  by  the  unanimous  vote  of 
the  princes.  .  .  .  We  give  thanks  unto  God,  from  whom 
cometh  every  good  and  perfect  gift,  for  this  good  news,  and 
we  heartily  approve  your  election.  We  are  confident  that 
you  intend  to  take  upon  yourself  the  fulfilment  of  the  prom- 
ise which  your  uncle  and  predecessor,  Conrad,  gave  to  us 
and  to  the  holy  Roman  church.  We,  on  our  part,  shall  labor 
for  your  advancement  and  exaltation,  as  is  the  duty  of  our 
office.  We  have  sent  you  an  ambassador,  who  will  disclose 
to  you  our  purpose  and  intention.  In  the  meantime,  we 
admonish  you  to  bear  in  mind  your  oath  to  defend  the 
church  and  the  clergy  of  God,  to  keep  peace  and  order,  and 
to  protect  the  widows  and  the  fatherless,  and  all  your  peo- 
ple, that  those  who  obey  you  and  trust  in  you  may  rejoice, 
and  that  you  may  win  glory  with  men  and  eternal  life  with 
the  king  of  kings. 

y/ 97.    TREATY  OF  CONSTANCE,  1153. 

Jaffe",  I,  Wibaldi  Epp.,  no.  417;  Doeberl,  IV,  no.  27  a. 

The  situation  of  the  pope  was  precarious.  In  the  first  place,  the 
Romans  had  rebelled  against  him  and  his  rule,  and  had  set  up  a 
government  of  their  own.  Since  1143  he  had  been  compelled  to 
spend  most  of  his  time  outside  of  the  city.  In  the  second  place, 
Roger  of  Sicily  was  in  rebellion  against  him  and  threatened  the  papal 
lands  with  invasion  from  the  south.  And  lastly,  the  Greek  emperor 
was  now  following  a  vigorous  policy  to  secure  land  in  Italy.  The 
pope  was  in  sore  need  of  help,  especially  against  the  Romans  and 
Normans.  Hence  he  insisted  that  Frederick  should  promise  to  aid 


No.  97]        EMPIRE  AND  PAPACY,  1073-1250  179 

him,  as  well  as  not  to  make  peace  with  his  enemies  without  papal 
consent.  Frederick  wished  the  imperial  crown,  and  the  papal  bless- 
ing and  support.  He  was  planning  the  conquest  of  the  Normans, 
whose  territory  he  regarded  as  a  part  of  the  empire.  But  in  this 
agreement  it  will  be  observed  that  nothing  is  said  about  who  owns 
Sicily  and  southern  Italy,  nor  is  it  stipulated  that  the  pope  shall 
not  make  terms  with  the  Normans  without  the  emperor's  consent. 
Frederick  feared  that  the  pope,  who  wished  to  gain  control  of  the 
Greek  church,  might  make  terms  with  the  Greek  emperor  and  help 
him  in  his  efforts  to  regain  a  foothold  in  Italy. 

In  the  name  of  the  Lord,  amen.  This  is  a  copy  of  the 
agreement  and  convention  made  between  the  pope,  Eugene 
III,  and  Frederick,  king  of  the  Romans,  by  their  represen- 
tatives ;  on  the  part  of  the  pope :  cardinals  Gregory  of  Santa 
Maria  in  Trastevere,  Ubald  of  San  Prassede,  Bernard  of 
San  Clemente,  Octavian  of  Santa  Cecilia,  Roland  of  San 
Marco,  Gregory  of  Sant  Angelo,  Guido  of  Santa  Maria  in 
porticu,  and  Bruno,  abbot  of  Chiaravalle;  on  the  part  of  the 
king:  Anselm,  bishop  of  Havelberg;  Hermann,  bishop  of 
Constance;  Udalrich,  count  of  Lenzburg;  Guido,  count  of 
Guerra,  and  Guido,  count  of  Bianderati. 

The  king  will  have  one  of  his  ministerials  to  swear  for 
him  that  he  will  not  make  a  peace  or  a  truce  either  with  the 
Romans  or  with  Roger  of  Sicily  without  the  consent  of  the. 
pope.  The  king  will  use  all  the  power  of  his  realm  to  reduce 
the  Romans  to  subjection  to  the  pope  and  the  Roman  church. 
He  will  protect  the  honor  of  the  papacy  and  the  regalia  of 
St.  Peter  against  all  men  to  the  best  of  his  ability,  and  he 
will  aid  the  church  in  recovering  what  she  has  lost.  He  will 
never  grant  any  land  in  Italy  to  the  king  of  the  Greeks,  and 
will  use  all  his  power  in  keeping  him  out.  All  these  things 
the  king  promises  to  observe  and  to  do  in  good  faith. 

The  pope,  on  his  part,  promises  on  his  apostolic  faith, 
with  the  consent  of  the  cardinals,  that  he  will  ever  honor 
the  king  as  the  most  dearly  beloved  son  of  St.  Peter,  and 
that  he  will  give  him  the  imperial  crown  whenever  he  shall 


180    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

come  to  Italy  for  it.  He  will  aid  the  king  in  maintaining 
and  increasing  the  honor  of  his  realm,  as  his  office  demands. 
If  anyone  attacks  the  honor  or  the  authority  of  the  king,  the 
pope  at  the  request  of  the  king  will  warn  him  to  make  satis- 
faction, and  will  excommunicate  him  if  he  refuses  to  heed 
the  warning.  The  pope  will  not  grant  any  land  in  Italy  to 
the  king  of  the  Greeks,  and  will  use  all  the  resources  of  St. 
Peter  to  drive  him  out  if  he  invades  that  land.  All  these 
things  shall  be  observed  in  good  faith  by  both  parties,  unless 
they  are  changed  by  mutual  consent. 

V  98.     THE  STIRRUP  EPISODE,  1155. 

Watterich,  Pont.  Rom.  Vitse,  II,  pp.  327  ff. 

This  account  of  the  stirrup  episode  illustrates  the  growing  pre- 
tensions of  the  papacy,  the  temper  of  both  Frederick  I  and  the  new 
pope,  Adrian  IV,  and  the  importance  which  the  Middle  Age  attached 
to  matters  of  ceremony. 

The  king  [Frederick]  advanced  with  his  army  to  the 
neighborhood  of  Sutri  and  encamped  in  Campo  Grasso.  The 
pope,  however,  came  to  Nepi,  and  on  the  day  after  his  arrival 
was  met  there  by  many  of  the  German  princes  and  a  great 
concourse  of  clergy  and  laymen,  and  conducted  with  his 
bishops  and  cardinals  to  the  tent  of  the  king.  But  when 
the  cardinals  who  came  with  the  pope  saw  that  the  king  did 
not  come  forward  to  act  as  the  esquire  of  the  pope  [i.e.,,  to 
hold  his  stirrup  while  he  dismounted],  they  were  greatly 
disturbed  and  terrified,  and  retreated  to  Civita  Castellana, 
leaving  the  pope  before  the  tent  of  the  king.  And  the  pope, 
distressed  and  uncertain  what  he  should  do,  sadly  dis- 
mounted and  sat  down  on  the  seat  which  had  been  prepared 
for  him.  Then  the  king  prostrated  himself  before  the  pope, 
kissing  his  feet  and  presenting  himself  for  the  kiss  of  peace. 
But  the  pope  said:  "You  have  refused  to  pay  me  the  due 
and  accustomed  honor  which  your  predecessors,  the  orthodox 
emperors,  have  always  paid  to  my  predecessors,  the  Roman 


No.  99]         EMPIRE  AND  PAPACY,  1073-1250  181 

popes,  out  of  reverence  for  the  apostles,  Peter  and  Paul; 
therefore  I  will  not  give  you  the  kiss  of  peace  until  you  have 
made  satisfaction."  The  king,  however,  replied  that  he  was 
not  under  obligations  to  perform  the  service.  The  whole  of 
the  following  day  was  spent  in  the  discussion  of  this  point, 
the  army  in  the  meantime  remaining  there.  And  after  the 
testimony  of  the  older  princes  had  been  taken,  especially  of 
those  who  had  been  present  at  the  meeting  of  king  Lothar 
and  pope  Innocent  (II),  and  the  ancient  practice  had  been 
determined,  the  princes  and  the  royal  court  decided  that  the 
king  ought  to  act  as  the  esquire  of  the  pope  and  hold  his 
stirrup,  out  of  reverence  for  the  apostles,  Peter  and  Paul. 
On  the  next  day  the  camp  of  the  king  was  moved  to  the 
territory  of  Nepi,  on  the  shores  of  lake  Janula,  and  there 
king  Frederick,  in  accordance  with  the  decision  of  the 
princes,  advanced  to  meet  the  pope,  who  was  approaching  by 
another  way.  And  when  the  pope  came  within  about  a 
stone's  throw  from  the  emperor,  the  emperor  dismounted  and 
proceeded  on  foot  to  meet  the  pope,  and  there  in  the  sight 
of  his  army  he  acted  as  the  pope's  esquire,  holding  his  stir- 
rup for  him  to  dismount.  Then  the  pope  gave  him  the  kiss 
of  peace. 

99.  TREATY  BETWEEN  ADRIAN  IV  AND  WILLIAM  OP 
SICILY,  1156. 

Watterich,  Pont.  Rom.  Vitae,  II,  pp.  352  ff;  Doeberl,  IV,  no.  34. 

By  this  document  the  long  struggle  between  the  popes  and  the 
kings  of  Sicily  was  brought  to  an  end.  The  terms  of  the  treaty 
were  very  favorable  to  the  pope,  but  William  retained  as  privileges 
certain  things  which  were  in  other  countries  generally  regarded  as 
belonging  to  the  pope.  For  the  effects  of  this  treaty  on  the  relations 
between  Adrian  IV  and  Frederick  I,  see  no.  100,  introductory  note. 

In  the  name  of  the  Lord,  the  eternal  God,  and  of  our 
Saviour,  Jesus  Christ,  amen.  To  Adrian,  by  the  grace  of 
God,  pope  of  the  holy  Eoman  church,  his  most  beloved  lord 


182    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

and  father,  and  to  his  successors,  William,  by  the  same  grace 
king  of  Sicily,  duke  of  Apulia,  and  prince  of  Capua. 

(Introduction  reviewing  the  differences  between  the  pope  and  the 
king  of  Sicily,  and  relating  the  course  of  the  negotiations.) 

We  agree,  therefore,  to  this  treaty  of  peace  as  drawn  up 
by  the  representatives  of  both  of  us. 

1.  Concerning  appeals  to  the  pope.     In  Apulia  and  its 
dependencies  and  in  Calabria,  appeals  in  ecclesiastical  mat- 
ters which  cannot  be  settled  by  the  regular  ecclesiastics  of 
those  lands  may  be  made  freely  to  Rome.     If  it  seems  ad- 
vantageous or  necessary  to  transfer  priests  from  one  church 
to  another,  this  may  be  done  with  the  consent  of  the  pope. 
The  Roman  church  shall  have  the  right  to  consecrate  and 
to  make  visitations  throughout  our  whole  realm.     The  Ro- 
man church  shall  have  the  right  to  hold  councils  in  any  of 
the  cities  of  Apulia  or  its  dependencies  or  Calabria,  except 
that  a  council  may  not  be  held  in  any  city  in  which  the  king 
is  staying,  without  his  consent.     The  Roman  church  shall 
have  the  right  to  send  its  legates  into  Apulia  and  its  de- 
pendencies and  into   Calabria,   but  those  legates  shall  not 
waste  the  possessions  of  the  churches  to  which  they  are  sent. 
The  Roman  church  shall  have  the  same  right  of  consecration 
and  visitation  in  the  island  of  Sicily.     .     .     .     The  Roman 
church  shall  have  in  Sicily  all  the  rights  which  it  as  in 
other  parts  of  our  kingdom,  except  the  right  of  hearing 
appeals  and  sending  legates,  which  shall  be  exercised  only  at 
the  request  of  the  king. 

2.  Concerning   those    churches    and    monasteries    which 
have  been  in  dispute  between  us.     You  and  your   success- 
ors  shall  have  in  them  the  rights   which  you   exercise  in 
other    churches    of    our    lands,    which    are    accustomed    to 
receive  their  consecration  and  benediction  from  the  Roman 
church,  and  these  churches  shall  pay  the  legal  taxes  to  the 
Roman  see. 


No.  100]        EMPIRE  AND  PAPACY,  1073-1250  183 

3.  Concerning  elections.     The  clergy  shall  elect  a  suit- 
able person,  keeping  his  name  secret  until  they  have  notified 
you.     The  name  shall  then  be  reported  to  us,  and  we  will 
give  our  consent  to  the  election,  unless  the  person  is  one  of 
our  enemies  or  a  traitor,  or  for  some  other  good  reason  is 
displeasing  to  us. 

4.  You  shall  confer  upon  us  and  upon  our  son  Roger, 
and  our  heirs,  the  kingdom  of  Sicily,  the  duchy  of  Apulia, 
and  the  principality  of  Capua,  with  all  the  lands  which  be- 
long to  them  as  follows:  Naples,  Salerno,  and  Amalfi,  with 
their   dependencies;   Marsia   and   all   that  we  hold  beyond 
Marsia;  and  all  the  other  possessions  which  we  now  hold, 
or  which  have  been  held  by  our  predecessors.    You  promise, 
moreover,  to  aid  us  in  good  faith  to  hold  them  against  all 
men. 

5.  In  consideration  of  these  concessions,  we  have  taken 
the  oath  of  fidelity  to  you  and  to  your  successors  and  to 
the  Roman  church,  and  the  oath  of  liege  homage  to  you. 
Two   copies   of  this  oath  have   been   made,    one   of  which 
has  been  signed  and  sealed  by  us  and  given  into  your  keeping, 
and  the  other  sealed  by  you  and  given  to  us.     We  agree 
also  to  pay  an  annual  tribute  of  600  "schifates"  for  Apulia 
and  Calabria,  and  500  from  Marsia.     .      .      .     You  agree 
to  grant  all  these  things  also  to  our  heirs  and  successors, 
on  condition  that  they  do  homage  to  you  and  your  successors, 
and  keep  the  promises  which  we  have  made  to  you.     . 

100-102.    THE  BESANQON  EPISODE,  1157. 
100.    LETTER  OF  ADRIAN  IV  TO  FREDERICK,  SEPTEMBER 
20,  1157. 

Ragewin,  Gesta  Friderici,  III,  ch.  9;  M.  G.  SS.  folio,  XX;  Doeberl,  IV,  no.  35  a. 

Frederick  I  had  been  deeply  offended  by  the  treaty  which  Adrian 
IV  made  with  William  of  Sicily  (no.  99),  because  it  had  been  made 
without  his  consent,  and  without  in  any  way  considering  the  claims 
which  the  emperor  laid  to  Sicily.  In  making  the  treaty  of  Con- 


184    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

stance  ( no.  97 )  Frederick  had  undoubtedly  been  outwitted  by  the 
papal  diplomacy.  He  had  been  led  to  promise  not  to  make  peace 
with  the  Normans  without  the  consent  of  the  pope.  He  apparently 
took  it  for  granted  that  the  pope  was  bound  in  the  same  way  not 
to  make  peace  with  the  Normans  without  the  imperial  consent, 
although  it  was  not  stipulated  in  the  agreement.  While  Frederick 
had  promised  certain  definite  things,  the  pope's  promise  was  couched 
in  general  terms.  He  had  promised  to  "aid  the  king  in  maintaining 
and  increasing  the  honor  of  his  realm  as  his  office  demands.  If  any- 
one attacks  the  honor  or  the  authority  of  the  king,  the  pope  will 
warn  him  to  make  satisfaction,"  etc.  The  pope  denied  that  William 
of  Sicily  was  "attacking  the  honor  or  authority  of  the  king"  because 
the  lands  which  William  field  did  not  belong  to  Frederick;  they  were 
the  property  of  the  pope  himself,  and  therefore  he  might  make  terms 
with  William  without  consulting  Frederick.  Frederick  complained 
that  the  pope  had  acted  in  bad  faith  in  making  peace  with  William, 
and  that  he  had  broken  the  treaty  of  Constance.  The  pope,  however, 
maintained  that  he  had  in  no  way  infringed  the  treaty,  and  that 
Frederick  had  no  grounds  for  complaint.  This  is  the  general  back- 
ground for  the  Besangon  episode,  the  chief  features  of  which  will  be 
clear  from  the  following  documents. 

Adrian,  bishop,  servant  of  the  servants  of  God,  to  his  be- 
loved son  Frederick,  illustrious  emperor  of  the  Romans, 
greeting  and  apostolic  benediction.  We  wrote  to  you  a  few 
days  ago  recalling  to  your  mind  that  execrable  crime  which 
was  recently  committed  in  Germany  and  expressing  our 
grief  that  you  had  allowed  it  to  go  unpunished.  For  our 
venerable  brother,  Eskil,  archbishop  of  Lund,  on  his  return 
from  the  apostolic  seat,  was  seized  and  made  captive  in  your 
land  by  certain  impious  and  wicked  persons,  who  even  threat- 
ened him  and  his  companions  with  drawn  swords  and  sub- 
jected them  to  dishonor  and  indignity. 

Not  only  are  these  facts  well  known  to  you,  but  the  report 
of  them  has  spread  to  the  most  distant  regions.  It  was  your 
duty  to  avenge  this  wicked  deed  and  to  draw  against  its 
perpetrators  the  sword  intrusted  to  you  by  God  for  the  pun-, 
ishing  of  evil-doers  and  the  protection  of  good  men.  But 
it  is  reported  that  you  have-  palliated  this  offence  and  allowed 


No  100]       EMPIRE  AND  PAPACY,  1073-1250  185 

it  to  go  unpunished,  so  that  those  who  committed  the  sacri- 
lege are  unrepentant  and  believe  that  they  have  done  this 
with  impunity.  We  are  entirely  at  a  loss  to  understand  this 
negligence  of  yours,  for  our  conscience  does  not  accuse  us 
of  having  offended  you  in  any  way.  Indeed  we  have  always 
regarded  you  as  our  most  beloved  son  and  as  a  Christian 
prince  established  by  the  grace  of  God  upon  the  rock  of  the 
apostolic  confession.  We  have  loved  you  with  sincere  affec- 
tion and  have  always  treated  you  with  the  greatest  kindness. 
You  should  remember,  most  glorious  son,  how  graciously 
your  mother,  the  holy  Roman  church,  received  you  last  year, 
how  kindly  she  treated  you,  and  how  gladly  she  conferred 
upon  you  the  imperial  crown,  the  highest  mark  of  dignity 
and  honor;  how  she  has  always  fostered  you  on  her  kindly 
bosom,  and  has  always  striven  to  do  only  what  would  be 
pleasing  and  advantageous  to  you.  We  do  not  regret  hav- 
ing granted  the  desires  of  your  heart ;  nay,  we  would  be  glad 
to  confer  even  greater  benefits  (beneficia)  upon  you,  if  that 
were  possible,  because  of  the  advantage  and  profit  that  you 
would  be  able  to  confer  upon  the  church  of  God  and  upon 
us.  But  the  fact  that  you  have  allowed  this  terrible  deed, 
which  is  an  offence  against  the  church  and  the  empire,  to  go 
unpunished  has  made  us  fear  that  you  have  been  led  by  evil 
counsellors  to  imagine  that  you  have  some  grievance  against 
your  mother,  the  holy  Roman  church,  and  against  us.  In  re- 
gard to  this  matter  and  other  important  affairs,  we  have  sent 
you  these  legates,  two  of  the  best  and  dearest  of  those  about 
us,  namely,  our  beloved  sons,  Bernard,  cardinal  priest  of 
Santa  Clara,  and  Roland,  chancellor  and  cardinal  priest  of 
San  Marco,  men  conspicuous  for  their  piety,  wisdom,  and 
honesty.  We  beseech  you-  to  receive  them  honorably  and 
kindly,  to  treat  them  justly,  and  to  give  full  credence  to  the 
proposals  which  they  make,  as  if  we  were  speaking  in 
person. 


186    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 
101.     MANIFESTO  OF  THE  EMPEROR,  OCTOBER,  1157. 

Ragewin,  Gesta  Friderici,  III ,  ch.  11 ;  M.  G.  SS.  folio,  xx;  Doeberl,  IV,  no.  35  b. 

God,  from  whom  proceeds  all  authority  in  heaven  and  in 
earth,  has  intrusted  the  kingdom  and  the  empire  to  us,  his 
anointed,  and  has  ordained  that  the  peace  of  the  church  be 
preserved  by  the  imperial  arms.  Therefore  it  is  with  great 
sorrow  that  we  are  forced  to  complain  to  you  of  the  head  of 
the  church  which  Christ  intended  should  reflect  his  character 
of  charity  and  love  of  peace.  For  the  actions  of  the  pope 
threaten  to  produce  such  evils  and  dissensions  as  will  cor- 
rupt the  whole  church  and  destroy  its  unity,  and  bring  about 
strife  between  the  empire  and  the  papacy,  unless  God  should 
intervene.  These  are  the  circumstances:  We  held  a  diet  at 
Besangon  for  the  purpose  of  considering  certain  matters 
which  concerned  the  honor  of  the  empire  and  the  security  of 
the  church.  At  that  diet  legates  of  the  pope  arrived,  saying 
that  they  came  on  a  mission  that  would  redound  greatly  to 
the  honor  and  advantage  of  the  empire.  We  gave  them  an 
honorable  reception  on  the  first  day  of  their  arrival,  and  on 
the  second  day,  as  is  the  custom,  we  called  together  all  the 
princes  to  listen  to  their  message.  .  .  .  Then  they  de- 
livered their  message  in  the  form  of  a  letter  from  the  pope, 
of  which  the  general  tenor  was  as  follows :  the  pope  had 
conferred  the  imperial  crown  upon  us  and  was  willing  to 
grant  us  even  greater  fiefs  (beneficia).  This  was  the  mes- 
sage of  fraternal  love  which  was  to  further  the  union  of  the 
church  and  the  empire,  and  bind  them  together  in  the  bonds 
of  peace,  and  to  inspire  the  hearts  of  its  hearers  with  love 
and  fidelity  for  both  rulers !  Not  only  were  we,  as  emperor, 
incensed  by  this  false  and  lying  statement,  but  all  the  princes 
who  were  present  were  so  enraged  that  they  would  undoubt- 
edly have  condemned  the  two  priests  to  death  off-hand  had 
they  not  been  restrained  by  our  presence.  Moreover,  we 
found  in  their  possession  many  copies  of  that  letter,  and 


No.  102]        EMPIRE  AND  PAPACY,  1073-1250  187 

blank  forms  sealed  by  the  pope  to  be  filled  out  at  their  dis- 
cretion, with  which  they  were  intending  to  spread  this  venom 
throughout  the  churches  of  Germany,  as  is  their  custom 
from  of  old,  and  to  denude  the  altars,  rob  the  houses  of  God, 
and  despoil  the  crosses.  Therefore,  in  order  to  prevent  their 
further  progress,  we  compelled  them  to  return  to  Rome  by 
the  way  they  had  come.  We  hold  this  kingdom  and  empire 
through  the  election  of  the  princes  from  God  alone,  who  by 
the  passion  of  his  Son  placed  this  world  under  the  rule  of 
two  swords ;  moreover,  the  apostle  Peter  says :  "Fear  God, 
honor  the  king"  [1  Pet.  2:17].  Therefore,  whoever  says 
that  we  hold  the  imperial  crown  as  a  benefice  from  the  pope 
resists  the  divine  institution,  contradicts  the  teaching  of 
Peter,  and  is  a  liar.  .  .  . 

v/  102.  LETTER  OF  ADRIAN  IV  TO  THE  EMPEROR,  FEBRU- 
ARY, 1158. 

Ragewin,  Gesta  Friderici,  III,  chs.  22, 23 ;  M.  G.  SS.  folio,  xx ;  Doebefl,  IV,  no.  35  e. 

Ever  since  we  were  called  by  the  will  of  God  to  the  gov- 
ernment of  the  universal  church,  we  have  tried  to  honor  you 
in  every  way,  in  order  that  your  love  and  reverence  for  the 
apostolic  seat  might  daily  increase.  Therefore  we  were 
greatly  astonished  to  learn  that  you  were  incensed  at  us  and 
that  you  had  treated  with  such  scant  respect  the  legates  .  .  . 
whom  we  had  sent  to  you  for  the  purpose  of  learning  your 
wishes.  We  are  informed  that  you  were  enraged  because 
we  used  the  word  beneficium,  at  which  surely  the  mind  of 
so  great  a  person  as  yourself  should  not  have  been  disturbed. 
For  although  with  some  that  word  has  come  to  have  a  mean- 
ing different  from  its  original  sense,  yet  it  ought  to  be  taken 
in  the  sense  in  which  we  have  used  it  and  which  it  has  had 
from  the  beginning.  For  beneficium  comes  from  bonum 
and  factum,  and  we  used  it  to  mean  not  a  feudum  (fief),  but 
a  "good  deed,"  in  which  sense  it  is  used  throughout  the  holy 
Scriptures;  as  when  we  are  said  to  be  guided  and  nourished 


188    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

by  the  beneficium  of  God.  which  means  not  the  "fief," 
but  the  kindness  of  God.  You  surely  admit  that  in  placing 
the  imperial  crown  upon  your  head  we  performed  an  act 
that  would  be  regarded  by  all  men  as  a  "good  deed." 
Moreover,  if  you  misunderstood  the  phrase  "we  conferred 
the  imperial  crown  upon  you,"  and  distorted  it  from  its  ordi- 
nary meaning,  it  could  only  be  because  you  wished  to  mis- 
understand it  or  because  you  accepted  the  interpretation  of 
persons  who  wished  to  disturb  the  peace  existing  between  the 
church  and  the  empire.  For  we  meant  by  the  words  "we 
conferred"  no  more  than  "we  placed,"  as  we  said  above.  In 
ordering  the  recall  of  the  ecclesiastics  whom  we  sent  to  make 
a  visitation  of  the  churches  in  Germany  according  to  the 
right  of  the  Roman  church,  you  must  surely  recognize  that 
you  acted  unwisely,  for  if  you  had  an}r  grievance  you  should 
have  informed  us,  and  we  would  have  undertaken  to  satisfy 
your  honor.  Now  by  the  advice  of  our  beloved  son  Henry, 
duke  of  Bavaria  and  Saxony,  we  have  sent  you  two  legates, 
bur  brothers  Henry,  cardinal  priest  of  San  Nereo  and  Sant 
Achilleo,  and  Hyacinth,  cardinal  deacon  of  Santa  Maria  in 
Cosmedin,  both  wise  and  honorable  men,  and  we  urge  you 
to  receive  them  honorably  and  kindly,  and  to  accept  the 
message  which  they  deliver  as  coming  from  the  sincerity  of 
our  heart;  so  agreeing  with  them  through  the  mediation  of 
our  son  the. duke,  that  no  discord  may  remain  between  you 
and  your  holy  mother,  the  Roman  church. 

v/ios.  DEFINITION  OF  REGALIA  OR  CROWN  RIGHTS,  GIVEN 
AT  THE  DIET  HELD  ON  THE  RONCALIAN  PLAIN,  1158. 

M.  G.  LL.  folio,  II,  pp.  Ill  f ;  Doeberl,  IV,  no.  37  a. 

The  rights  of  the  crown  were  called  "regalia."  When  Frederick  I 
went  into  Italy  (1158)  he  found  that  the  royal  rights  had  been 
usurped  by  the  cities  and  nobles.  At  the  diet  which  he  held  on  the 
Roncalian  plain  he  consulted  lawyers  who  had  been  trained  in  the  law 
of  Justinian,  and  asked  them  what  the  imperial  rights  in  Italy  were. 
Their  decision,  which  is  here  given,  was  largely  influenced  by  their 


No.  103]        EMPIRE  AND  PAPACY,  1073-1250  189 

study  of  the  Roman  law.  The  account  which  Ragewin  (IV,  7)  gives 
of  this  diet  is  as  follows:  "Frederick  then  examined  into  the  matter 
of  the  royal  jurisdiction  and  the  regalia,  which  for  a  long  time  had 
been  lost  to  the  empire  because  they  had  been  usurped  and  the  kings 
had  neglected  to  recover  them.  The  bishops,  the  nobles,  and  the 
cities,  since  they  could  find  no  excuse  for  retaining  these  rights, 
resigned  them  to  the  emperor.  Milan  was  the  first  to  surrender 
them.  When  the  emperor  asked  what  these  rights  were,  the  decision 
was  given  that  they  were  the  right  to  appoint  dukes,  marquises, 
counts,  and  consuls  [in  the  cities]  ;  to  coin  money ;  to  levy  tolls ;  to 
collect  the  fodrum  [a  tax  in  provisions  for  the  support  of  the  emperor 
and  his  army  when  passing  through  the  territory]  ;  to  collect  customs 
and  harbor  dues;  to  furnish  safe-conducts;  to  control  mills,  fish- 
ponds, bridges,  and  all  the  water-ways,  and  to  demand  an  annual  tax 
not  only  from  the  land,  but  also  from  each  person." 

These  are  the  regalian  rights  or  rights  of  the  crown: 
Arimanniae,1  public  roads,  navigable  rivers  and  those  which 
unite  to  form  navigable  rivers,  harbors,  and  the  banks  of 
rivers;  tolls,  coinage,  profits  from  fines  and  penalties;  own- 
erless and  confiscated  lands,  and  the  property  of  those  who 
have  contracted  incestuous  marriages  or  have  been  outlawed 
for  crimes  mentioned  in  the  Novella?  of  Justinian ;  rights  of 
conveyance  on  direct  routes  and  cross-roads  2  (angariae  and 
parangariae),  and  the  prestation  of  ships;3  the  special  taxes 
for  the  royal  expedition ;  the  appointment  of  officials  for  the 
administration  of  justice;  mines;  royal  palaces  in  the  cus- 
tomary cities;  the  profits  of  fisheries  and  salt-works;  the 
property  of  those  who  are  guilty  of  offence  against  the  maj- 
esty of  the  emperor;  half  the  treasure  discovered  in  places 
belonging  to  the  emperor  or  dedicated  to  religious  purposes, 
and  all  of  it  if  the  finder  was  aided  by  the  emperor. 

1  Arimanniae :  Taxes  paid  by  those  who  held  certain  lands  or  estates 
which  had  once  been  held  by  the  arimanni,  or  free  Lombards. 

2  When  the  emperor  travelled  he  had  the  right  to  demand  convey- 
ances of  various  kinds  from  the  people  of  the  territory  through  which 
he  was  passing.     Angarise  were  conveyances  for  the  "direct  roads"; 
parangariae,  conveyances   for  the  "cross-roads."      By  "direct   roads" 
are  meant  the  chief  roads  j  in  Italy,  those  which  led  directly  to  Rome, 


190    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

and  along  which  the  emperor  must  pass  when  going  to  Rome.  The 
"cross-roads"  were  the  less  important  roads,  which  ran  at  right 
angles  to  the  direct  roads. 

a  In  the  same  way  the  emperor  had  the  right  to  demand  ships  for 
the  transport  of  himself  and  his  men. 

104.  GROUNDS  FOR  THE  QUARREL  BETWEEN  ADRIAN  IV 
AND  FREDERICK  I.  LETTER  OF  EBERHARD,  BISHOP  OF  BAM- 
BERG,  TO  EBERHARD,  ARCHBISHOP  OF  SALZBURG,  1159. 

Ragewin,  Gesta  Frid.,  IV,  c.  34;  M.  G.  SS.  folio,  XX;  Doeberl,  IV,  no.  38. 

Although  the  stirrup  episode  and  the  Besangon  episode  were  ended 
without  a  rupture  between  Frederick  and  Adrian,  the  fundamental 
question  between  them  was  not  yet  settled.  Frederick  continued  to 
act  in  accordance  with  his  ideas  of  what  his  office  demanded,  thus 
giving  deep  offence  to  the  pope.  The  various  matters  in  which  the 
pope  felt  that  Frederick  had  offended  are  set  forth  in  this  letter. 
They  involve  the  deeper  question  of  supremacy.  The  relations 
between  the  pope  and  emperor  were  becoming  more  and  more  strained. 
Although  Frederick  had  previously  refused  to  consider  the  proposi- 
tions of  the  commune  of  Rome,  he  now  received  their  ambassadors 
courteously.  The  people  of  the  city  wished  to  obtain  his  recognition 
of  their  government.  Since  the  pope  was  obdurate  Frederick  threat- 
ened to  make  common  cause  with  the  rebellious  city,  hoping,  no  doubt, 
that  Adrian  would  thereby  be  compelled  to  sue  to  him  for  terms. 

To  his  reverend  father  and  lord,  Eberhard,  archbishop  of 
Salzburg,  Eberhard,  by  the  grace  of  God  bishop  of  Bamberg. 

.  .  .  That  perilous  time  seems  near  at  hand  when  strife 
shall  arise  between  the  king  and  the  pope.  The  cardinals 
Octavianus  and  William,  former  archdeacon  of  Pavia,  were 
sent  by  pope  Adrian  to  the  emperor  with  a  message  which 
began  with  a  conciliatory  introduction  but  which  contained 
most  vexatious  matter.  For  instance,  they  said :  the  em- 
peror must  not  send  ambassadors  to  the  city  of  Rome  with- 
out the  consent  of  the  pope,  as  all  the  magisterial  power  in 
Rome  and  all  the  regalian  rights  there  belong  to  St.  Peter; 
the  fodrum  must  not  be  collected  from  the  papal  estates 
except  at  the  time  of  the  imperial  coronation;  Italian  bish- 
ops should  take  only  the  oath  of  fidelity  to  the  emperor  and 


No.  104]       EMPIRE  AND  PAPACY,  1073-1250  191 

not  the  oath  of  homage  [see  no.  214]  ;  bishops  shall  not  be 
required  to  entertain  the  ambassadors  of  the  emperor  in 
their  palaces;  the  following  possessions,  belonging  of  right 
to  the  Roman  church,  must  be  restored:  Tivoli,  Ferrara, 
Massa,  Fiscaglia,  all  the  lands  of  the  countess  Matilda,  all 
the  land  from  Aquapendente  to  Rome,  the  duchy  of  Spoleto, 
and  the  islands  of  Sardinia  and  Corsica.  The  emperor  was 
willing  to  do  justice  in  these  matters  if  the  pope  would  give 
him  justice  in  return  [that  is,  the  emperor  was  willing  to 
submit  each  matter  to  trial  and  abide  by  the  decision,  if  the 
pope  would  do  the  same],  but  the  cardinals  were  only  em- 
powered to  receive  justice  and  not  to  give  it,  for  they  said  that 
they  could  not  bind  the  pope.  The  emperor  on  his  part  then 
made  the  following  complaints :  that  the  treaty  of  Constance 
had  not  been  kept  by  the  pope  in  the  matter  of  his  promise 
not  to  make  peace  with  the  Greeks,  the  Sicilians,  or  the  Ro- 
man people  without  the  consent  of  both  parties  [see  no.  97]  ; 
that  cardinals  were  sent  through  Germany  without  the  em- 
peror's consent,  and  that  they  entered  the  palaces  of  bishops 
who  possessed  regalian  rights  from  the  emperor;  that  the 
pope  heard  unjust  appeals ;  and  many  similar  matters.  The 
emperor  agreed  that  the  pope  should  be  notified  of  these 
demands  by  the  aforesaid  cardinals,  but  the  pope  refused 
to  send  other  cardinals  empowered  to  treat  of  these  things, 
as  the  emperor  had  requested.  In  the  meantime  ambassadors 
came  from  the  Roman  people  to  make  a  treaty  of  peace  with 
the  emperor,  and  were  favorably  received  and  dismissed  with 
honor.  The  emperor  is  about  to  send  ambassadors  both  to 
the  pope  and  to  the  city  of  Rome;  if  possible,  he  will  make 
a  treaty  of  peace  with  the  pope,  but  if  this  fails,  he  will  ally 
himself  with  the  Romans.  .  • 


105-107.    THE  DISPUTED  PAPAL  ELECTION  or  1159. 
105.    LETTER  OF  ALEXANDER  III  ABOUT  HIS  ELECTION, 
1159. 

M.  G.  SS.  folio,  XVIII,  pp,  28  f ;  Doeberl,  IV,  no.  39  a. 

When  Adrian  IV  died,  1159,  the  quarrel  between  him  and  the 
emperor  had  reached  such  a  pitch  of  bitterness  that  he  was  about  to 
excommunicate  Frederick.  But  there  was  a  party  in  the  college  of 
cardinals  which  was  heartily  supporting  the  emperor  against  the 
pope.  The  members  of  this  German  party,  as  it  was  called,  had 
opposed  the  treaty  which  Adrian  had  made  with  William  of  Sicily 
(see  no.  99)  and  had  sympathized  with  Frederick  in  the  Besangon 
episode  and  in  his  later  contentions  with  the  pope  (see  nos.  100-102). 
They  believed  that  the  pope  was  transcending  his  powers,  and  usurp- 
ing authority  which  belonged  to  the  emperor  alone.  But  this  Ger- 
man party,  of  which  Octavian  was  the  head,  was  hopelessly  in  the 
minority.  When  the  cardinals  met  to  elect  a  successor  to  Adrian  IV, 
it  was  not  able  to  secure  the  unanimous  election  of  its  candidate. 
Two  popes  were  elected,  and  a  schism  ensued  which  lasted  for  seven- 
teen years.  Alexander  III  wras  very  clever  and  succeeded  in  uniting 
all  of  Frederick's  enemies  against  him.  Under  the  pope's  leadership 
and  by  his  diplomacy,  the  Lombard  league  was  formed.  It  com- 
pletely defeated  the  emperor  at  Legnano,  1176  (see  nos.  108-109). 
We  give  first  a  letter  of  Alexander  III,  Avhich  contains  an  account  of 
his  election.  Then  Victor's  letter  follows  (no.  106).  And  finally 
a  brief  account  of  the  election  by  Gerhoh  of  Reichersberg  is  given 
(no.  107). 

Alexander,  bishop,  servant  of  the  servants  of  God,  to  his 
venerable  brothers,  Syrus,  archbishop  of  Genoa,  and  his  suf- 
fragans, greeting  and  apostolic  benediction. 

The  eternal  and  unchangeable  will  of  the  Creator  pro- 
vided that  his  holy  and  immaculate  church  from  its  very 
foundation  should  be  ruled  by  one  pastor  and  governor,  to 
whom  all  prelates  should  be  obedient.  As  members  a"re 
united  to  one  head,  so  they  should  be  joined  to  him  in  per- 
fect unity  and  never  separate  themselves  from  him.  And 
Christ,  who  confirmed  the  faith  of  his  disciples  by  saying: 
"Lo,  I  am  with  you  alway,  even  unto  the  end  of  the  world" 
[Matt.  28:20],  will  without  doubt  keep  his  promise  to  his 


No.  105]        EMPIRE  AND  PAPACY,  1073-1250  193 

church  which  he  put  under  the  control  of  his  apostle  [Peter]. 
And  although  his  church,  like  the  little  boat  of  St.  Peter, 
may  sometimes  be  tossed  about  by  the  waves,  he  will  pre- 
serve it  in  safety. 

Three  false  brothers  have  gone  out  from  us,  but  they  were 
not  of  us,  and,  transforming  themselves  into  angels  of  light, 
although  they  are  servants  of  Satan,  they  are  trying  to  rend 
and  tear  the  church,  the  seamless  robe  of  Christ,  which  he, 
in  the  person  of  the  Psalmist,  prayed  might  be  delivered 
from  the  lion's  mouth,  and  from  the  sword  and  from 
the  power  of  the  dog  [Ps.  22:20].  Nevertheless  Christ,  the 
founder  and  head  of  the  church,  is  carefully  guarding  her, 
his  only  spouse,  and  he  will  not  permit  the  little  boat  of 
St.  Peter  to  suffer  shipwreck,  although  it  may  often  be  tossed 
about  by  the  waves. 

Our  predecessor,  Adrian  IV,  of  blessed  memory,  died  Sep- 
tember 1,  while  we  were  at  Anagni,  and  his  body  was  brought 
to  Rome  and  honorably  buried  in  the  customary  manner. in 
St.  Peter's  Church,  on  September  4.  Nearly  all  the  car- 
dinals were  present,  and  after  the  burial  they  began  to  take 
steps  to  elect  his  successor.  After  three  days  of  discussion 
all  the  cardinals  except  three  elected  us,  although  we  are 
not  sufficient  for  this  burden  and  not  worthy  of  so  high  an 
office.  The  three  who  opposed  our  election  were  Octavian, 
John  of  St.  Martin's,  and  Guido  of  Crema.  God  is  our  wit- 
ness that  we  are  telling  the  exact  truth  when  we  say  that  all 
the  others  unanimously  elected  us,  and  the  other  clergy  and 
the  people  of  Rome  assented  to  it.  But  two,  John  and  Guido, 
voted  for  Octavian  and  stubbornly  insisted  on  his  election. 
The  prior  of  the  cardinal  deacons  was  putting  the  papal 
mantle  on  us  in  the  customary  manner,  although  we  were 
reluctant  to  receive  it  because  we  saw  our  insufficiency  for 
the  high  office.  When  Octavian  saw  this  he  was  almost  be- 
side himself  with  rage,  and  with  his  own  hands  snatched 
the  mantle  from  our  neck  and  took  it  away.  This  caused  a 


194    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

great  tumultuous  outbreak.  Some  of  the  senators  were  pres- 
ent and  saw  it,  and  one  of  them,  inspired  by  the  spirit  of 
God,  snatched  the  mantle  from  the  hands  of  Octavian,  who 
was  now  raging.  Then  Octavian,  with  angry  face  and  fierce 
eye,  turned  to  one  of  his  chaplains  who  had  come  prepared 
for  this,  upbraided  him,  and  ordered  him  hastily  to  fetch 
him  the  mantle  which  he  had  brought  with  him.  The  man- 
tle was  brought  without  delay,  and  while  all  the  cardinals 
were  trying  to  get  out  of  the  room,  Octavian  removed  his 
hat,  bowed  his  head,  and  received  the  mantle  from  his  chap- 
lain and  another  clergyman.  And  because  there  was  no  one 
else  there,  he  had  to  assist  them  himself  to  put  it  on  him. 
But  the  condemnation  of  God  was  seen  in  the  fact  that  he 
put  the  mantle  on  with  the  wrong  side  in  front.  Those 
who  were  present  saw  it  and  laughed.  And  as  he  was  of  a 
crooked  mind  and  intention,  so  the  mantle  was  put  on 
crooked  as  an  evidence  of  his  condemnation.  When  this  was 
done,  the  doors  of  the  church,  which  had  been  closed,  were 
opened  and  bands  of  armed  men  with  drawn  swords  entered 
and  made  a  great  noise.  But  they  had  been  hired  by  Oc- 
tavian to  do  this.  And  because  that  pestilential  Octavian 
had  no  cardinals  and  bishops  he  surrounded  himself  with  a 
band  of  armed  knights.  .  .  . 

1 06.  LETTER  OF  VICTOR  IV  TO  THE  GERMAN  PRINCES, 
1159. 

Ragewin,  Gesta  Frid.,  IV,  ch.  60;  M.G.  SS.  folio,  XX;  Doeberl,  IV,  no.  39  b. 
See  introductory  note  to  no.  105. 

Victor,  bishop,  servant  of  the  servants  of  God,  to  his  ven- 
erable brothers,  the  patriarchs,  archbishops,  bishops,  and  his 
dear  sons,  the  abbots,  dukes,  marquises,  counts,  and  other 
princes,  and  the  imperial  family  who  are  connected  with  the 
most  holy  court  of  Frederick,  the  most  serene  and  uncon- 
quered  emperor  of  the  Romans,  greeting  and  apostolic  bene- 
diction. 


No.  106]       EMPIRE  AND  PAPACY,  1073-1250  105 

We  believe  that  you  cannot  have  forgotten  how  sincerely 
we  have  loved  the  empire  and  how  we  have  labored  in  sup- 
port of  its  honor  and  dignity.  And  now  that  we  have  been 
elevated  to  a  higher  dignity  we  wish  to  do  even  more  for 
you  and  the  empire.  We  therefore  confidently  beseech  you, 
for  the  reverence  which  you  have  for  St.  Peter  and  for  your 
love  to  us,  to  ask  the  emperor  to  take  immediate  steps  to 
come  to  the  aid  and  protection  of  the  empire,  which  God 
has  committed  to  him,  and  of  the  church  of  God,  the  bride 
of  Christ,  of  which  God  has  made  him  advocate  and  de- 
fender. If  he  does  not,  there  is  danger  that  his  malicious 
enemies  may  prevail  in  this  great  struggle,  and  the  little 
boat  of  St.  Peter  be  overwhelmed  by  winds  and  storms,  and 
the  imperial  dignity  be  humiliated. 

We  wish  to  inform  you  that  under  the  Lord's  guidance 
we  have  been  elected  pope.  After  our  predecessor,  Adrian 
IV,  of  blessed  memory,  had  gone  the  way  of  all  flesh  and 
been  buried  in  the  church  of  St.  Peter,  we  all  came  together 
to  elect  his  successor.  After  long  discussion  and  mature 
deliberation,  God  graciously  inspired  our  brothers,  the  car- 
dinal bishops,  priests,  and  deacons  of  the  holy  Roman  church, 
and  the  other  clergy  of  Rome,  to  elect  us.  The  people  of 
Rome  asked  for  our  election  and  the  senators  and  other 
nobles  assente'd  to  it.  We  were  canonically  elected  and  then 
elevated  to  the  throne  of  St.  Peter.  And  on  the  first  Sun- 
day in  October  we  were  consecrated  and  received  the  full 
power  of  our  office. 

We  humbly  beseech  you  to  aid  us  with  your  prayers  to 
Him  from  whom  come  all  power  and  dignities.  Now  the 
former  chancellor,  Roland,  who  was  bound  by  oath  in  a  con- 
spiracy against  the  church  of  God  and  the  empire  in  sup- 
port of  William  of  Sicily,  had  himself  thrust  into  the  papal 
office  twelve  days  after  we  were  elected.  Such  a  thing  had 
never  been  heard  of  before.  If  he  should  send  you  letters, 
you  should  refuse  to  receive  them,  because  they  are  full  of 


196    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

lies  and  he  is  a  schismatic  and  a  heretic.    Pay  no  attention 
whatever  to  his  letters. 

107.  THE  ACCOUNT  OF  THE  ELECTION  AS  GIVEN  BY  GEE- 
HOH  OF  REICHERSBERG,  ca.  1160. 

Doeberl,  IV,  no.  39  d. 

See  introductory  note  to  no.  105. 

When  Adrian  IV  died,  all  the  cardinal  clergy  of  the  holy 
Roman  church  met  to  elect  his  successor.  A  secret  ballot 
was  taken  and  the  result  announced.  It  was  found  that  a 
majority  of  the  cardinals  had  voted  for  Roland,  the  chan- 
cellor of  Adrian  IV.  A  few  had  voted  for  Octavian,  and 
some  also  for  Magister  Bernard.  Since  there  could  not  be 
three  popes,  the  majority  tried  to  persuade  the  minority  to 
give  up  their  candidates  and  make  the  election  of  Roland 
unanimous.  Those  who  had  voted  for  Bernard  then  deserted 
him  and  some  of  them  joined  the  party  of  Roland.  The 
others  said  that  they  had  no  preference  but  would  support 
either  Octavian  or  Roland,  provided  the  election  of  either 
were  unanimous,  and  the  church  should  not  be  divided  on 
account  of  it.  The  number  of  cardinals  who  supported 
Octavian,  or  were  willing  to  support  him  if  elected,  was  seven. 
But  a  much  larger  number  supported  Roland.  The  majority 
then  tried  hard  to  persuade  these  seven  to  unite  in  electing 
Roland,  and  won  over  all  but  three  of  them.  Two  of  these, 
John  of  Pisa,  and  Guido  of  Crema,  were  very  contentious  and 
declared  that  they  would  never  desert  Octavian.  So  they  with 
the  bishop  of  Tusculum  made  Octavian  pope. 

i* 

\/io8.     THE  PRELIMINARY  TREATY  OF  ANAGNI  BETWEEN 
ALEXANDER  III  AND  FREDERICK  I,  1176. 

Kehr,  Vdrtrag  von  Anagni,  in  NeuisArchiv,  XIII.  pp.  109  ff;  Doeberl,  IV 
no.  46  a. 

The  quarrel  between  the  pope  and  emperor  increased  in  bitterness. 
At  the  same  time  the  Italian  cities  rebelled  against  Frederick  and 
joined  the  pope.  The  Lombard  league  was  formed  and  at  Legnano, 


No.  108]       EMPIRE  AND  PAPACY,  1073-1250  197 

1176,  the  emperor  was  utterly  defeated.  He  then  sent  ambassadors 
to  the  pope  at  Anagni  to  discuss  the  terms  of  a  treaty  of  peace.  They 
agrted  on  the  following  articles  which  were  afterward  incor- 
porated in  the  peace  of  Venice,  1177.  The  final  treaty  was  made  in 
1183  and  is  called  the  treaty  of  Constance  (see  no.  109). 

1.  The  emperor  and  the  empress,  and  their  son,  king 
Henry,  and  all  the  princes  promise  to  accept  pope  Alexander 
III  as  the  catholic  and  universal  pope,  and  to  show  him  such 
reverence  as  their  predecessors  were  wont  to  show  to  his- 
predecessors. 

2.  The  emperor  promises  to  keep  peace  faithfully  with 
pope  Alexander  and  his  successors  and  with  the  whole  Roman 
church. 

3.  All  the  regalia  and  other  possessions  of  St.  Peter  as 
held  by  the  Roman  church  in  the  time  of  pope  Innocent  II, 
which  have  been  seized  by  the  emperor  or  his  allies,  shall  be 
restored  to  pope  Alexander  and  to  the  Roman  church,  and  the 
emperor  engages  to  aid  the  church  in  retaining  possession 
of  them. 

4.  The  emperor  restores  to  the  pope  and  to  the  Roman 
church  the  control  of  the  office  of  prefect  of  the  city  of  Rome; 
the  pope  shall  see  to  it  that  justice  shall  be  done  the  emperor 
when  he  has  occasion  to  seek  his  rights  in  the  city. 

5.  All  vassals  of  the  church  won  over  by  the  emperor  to 
his  side  during  the  late  quarrel,  shall  be  released  from  their 
allegiance  to  him  and  restored  to  the  pope  and  to  the  Roman 
church. 

6.  The  emperor  will  restore  to  the  pope  and  to  the  chute1* 
the  lands  of  the  countess  Matilda  as  they  were  held  by  the 
church  in  the  time  of  the  emperor  Lothar  and  king  Conrad 
and  the  present  emperor  Frederick. 

7.  The  pope  and  the  emperor  will  mutually  aid  one  an- 
other in  maintaining  the  honor  and  the  rights  of  the  empire 
and  the  church. 

8.  Everything  unjustly  taken  from  the  churches  by  the 


i98    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

emperor  or  his  followers  during  the  schism  shall  he  restored 
to  them. 

9.  The  emperor  will  make  peace  with  the  Lombards  on 
the  terms  to  be  agreed  upon  by  representatives  appointed  for 
this  purpose  by  the  emperor  and  the  pope  and  the  Lombards. 
In  case  any  difficulty  arises  in  the  course  of  these  negotia- 
tions which  the   representatives   cannot   settle,   it   shall   be 
decided  by  the  majority  of  the  special  commissioners  to  be 

'appointed  for  this  purpose  by  the  emperor  and  the  pope  in 
equal  numbers. 

10.  The  emperor  will  make  peace  with  the  king  of  Sicily 
and  with  the  emperor  of  Constantinople  and  with  all  the 
allies  of  the  pope,  and  he  will  not  take  revenge  for  any  wrongs 
which  they  may  have  committed  in  assisting  the  Roman 
church. 

11-22.     Articles,  referring  to  individuals  and  lesser  details. 

23.  Pope  Alexander  and  the  cardinals  on  their  part  make 
peace  with  the  emperor  and  the  empress  and  their  son,  king 
Henry,  and  all  their  party.     This,  however,  shall  not  preju- 
dice those  rights  of  controlling  and  judging  ecclesiastical  per- 
sons which  are  herein  surrendered  to  the  pope  and  to  the 
Roman  church,  nor  the  rights  of  the  Roman  church  over  the 
lands  of  St.  Peter  now  withheld  by  other  persons,  nor  the 
special  exceptions  made  in  this  document  in  favor  of  the 
pope  and  the  Roman  church,  on  one  side,  and  the  emperor 
and  the  empire,  on  the  other. 

24.  The  pope  and  the  cardinals  will  take  their  oath  to 
keep  this  peace,  the  oath  to  be  drawn  up  in  writing  and 
signed  by  the  cardinals. 

25.  The  pope  shall  immediately  call  together  as  large  a 
council  as  possible,  and  with  the  cardinal  bishops  and  other 
clergy  who  may  be  present,  shall  excommunicate  all  who  break 
this  peace.     Afterward  he  shall  do  the  same  in  a  general 
council. 


No.  109]       EMPIRE  AND  PAPACY,  1073-1250  199 

26.  Many  of  the  nobles  of  Eome  and  the  great  vassals  of 
Campania  shall  also  take  oath  to  keep  this  peace. 

27.  The  emperor  and  the  princes  of  the  empire  will  also 
take  their  oaths  to  keep  this  peace,  the  oath  to  be  drawn  up 
in  writing  and  signed  by  the  emperor  and  the  princes. 

28.  If  the  pope  should  die  first,  the  emperor  and  his 
son,  king  Henry,  and  the  princes  shall  observe  these  terms 
of  peace  with  his  successors  and  all  the  cardinals  and  the 
whole  Eoman  church,  and  with  the  Lombards  and  the  king 
of  Sicily  and  all  the  allies  of  the  church.     If  the  emperor 
should  die  first,  the  pope  and  the  cardinals  and  the  Koman 
church  shall  observe  these  terms  with  the  empress  Beatrice, 
and  her  son,  king  Henry,  and  with  all  the  German  people 
and  their  allies,  as  written  above. 

29.  In  the  meantime  the  emperor  shall  not  attack  the 
land  of  St.  Peter,  whether  held  by  the  pope  in  person  or  by 
the  king  of  Sicily  or  other  vassals  of  the  pope. 

30.  If  the  negotiations  for  peace  are  broken  off  by  either 
side  before  they  are  completed,  which  God  forbid,  truce  shall 
be  kept  for  three  months  after  the  notification  of  withdrawal. 


109.    THE  PEACE  OF  CONSTANCE,  JANUARY  25,  1183. 

Muratori,  IV,  pp.  307  ff;  M.  G.  LL.  folio,  II,  pp.  175  ff ;  Doeberl,  IV,  no.  51  o. 
See  introductory  note  to  no.  108. 

In  the  name  of  the  holy  and  undivided  Trinity.  Fred- 
erick, by  divine  mercy  emperor  of  the  Eomans,  Augustus, 
*  and  Henry  VI,  his  son,  king  of  the  Romans,  Augustus.  .  .  . 

1.  We,  Frederick,  emperor  of  the  Romans,  and  our  son 
Henry,  king  of  the  Romans,  hereby  grant  to  you,  the  cities, 
territories,  and  persons  of  the  league,  the  regalia  and  other 
rights  within  and  without  the  cities,  as  you  have  been  accus- 
tomed to  hold  them ;  that  is  each  member  of  the  league  shall 
have  the  same  rights  as  the  city  of  Verona  has  had  in  the 
past  or  has  now. 


200    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

2.  The  members  of  the  league  shall  exercise  freely  and 
without  interference  from  us  all  the  rights  which  they  have 
exercised  of  old. 

3.  These  are  the  rights  which  are  guaranteed  to  you :  the 
fodrum,  forests,  pastures,  bridges,  streams,  mills,   fortifica- 
tions of  the  cities,  criminal  and  civil  jurisdiction,  and  all 
other  rights  which  concern  the  welfare  of  the  city. 

4.  The.  regalia  which  are  not  to  be  granted  to  the  mem- 
bers of  the  league  shall  be  determined  in  the  following  man- 
ner :  in  the  case  of  each  city,  certain  men  shall  be  chosen  for 
this  purpose  from  both  the  bishopric  and  the  city;  these  men 
shall  be  of  good  repute,  capable  of  deciding  these  questions, 
and  such  as  are  not  prejudiced  against  either  party.    Acting 
with  the  bishop  of  the  diocese,  they  shall  swear  to  inquire 
into  the  questions  of  the  regalia  and  to  set  aside  those  that 
by  right  belong  to  us.    If,  however,  the  cities  do  not  wish  to 
submit  to  this  inquisition,  they  shall  pay  to  us  an  annual 
tribute  of  2000  marks  in  silver  as  compensation   for   our 
regalia.    If  this  sum  seems  excessive,  it  may  be  reduced. 

5.  If  anyone  appeals  to  us  in  regard  to  matters  which  are 
by  this  treaty  admitted  to  be  under  your  jurisdiction,  we 
agree  not  to  hear  such  an  appeal. 

6.  The  bishops,  churches,  cities,  and  other  persons,  clerical 
and  lay,  shall  retain  possession  of  the  property  or  rights 
which  have  been  granted  to  them  before  this  war  by  us  or  by 
our  predecessors,  the  above  concessions  excepted.     The  accus- 
tomed dues  for  such  holdings  shall  be  paid  to  us,  but  not  the 
tax. 

7.  Such  possessions  as  we  have  granted  to  members  of  the 
league,  inside  or  outside   of  cities,   shall  not   be   included 
among  those  regalia  for  which  taxes  are  to  be  paid  to  us. 

8.  All  privileges,  gifts,  and  concessions  made  in  the  time 
of  the  war  by  us  or  our  representatives  to  the  prejudice  or 
injury  of  the  cities,  territories,  or  members  of  the  league  are 
to  be  null  and  void. 


No.  109]       EMPIRE  AND  PAPACY,  1073-1250  201 

9.  Consuls  of  cities  where  the  bishop  holds  the  position 
of  count  from  the  king  or  emperor  shall  receive  their  office 
from  the  bishop,  if  this  has  been  the  custom  before.    In  all 
other  cities  the  consuls  shall  receive  their  office  from  us,  in 
the  following  manner:  after  they  have  been  elected  by  the 
city  they  shall  be  invested  with  office  by  our  representative 
in  the  city  or  bishopric,  unless  we  are  ourselves  in  Lombardy, 
in  which  case  they  shall  be  invested  by  us.     At  the  end  of 
every  five  years  each  city  shall  send  its  representative  to  us 
to  receive  the  investiture. 

10.  This  arrangement  shall  be  observed  by  our  successor, 
and  all  such  investitures  shall  be  free. 

11.  After  our  death,  the  cities  shall  receive  investiture 
in  the  same  way  from  our  son  and  from  his  successor^. 

12.  The  emperor  shall  have  the  right  of  hearing  appeals 
in  cases  involving  more  than  25  pounds,  saving  the  right 
of  the  church  of  Brescia  to  hear  appeals.     The  appellant 
shall  not,  however,  be  compelled  to  come  to  Germany,  but 
he  shall  appeal  to  the  representative  of  the  emperor  in  the 
city  or  bishopric.    This  representative  shall  examine  the  case 
fairly  and  shall  give  judgment  according  to  the  laws  and 
customs  of  that  city.     The  decision  shall  be  given  within  two 
months  from  the  time  of  appeal,  unless  the  case  has  been 
deferred  by  reason  of  some  legal  hindrance  or  by  the  consent 
of  both  parties. 

13.  The  consuls  of  cities  shall  take  the  oath  of  allegiance 
to  the  emperor  before  they  are  invested  with  office. 

14.  Our  vassals  shall  receive  investiture  from  us  and  shall 
take  the  vassal's  oath  of  fidelity.    All  other  persons  between 
the  ages  of  15  and  70  shall  take  the  ordinary  oath  of  fidelity 
to  the  emperor  unless  there  be  some  good  reason  why  this 
oath  should  be  remitted. 

15.  Vassals  who  have  failed  to  receive  investiture  from 
us  or  to  render  the  services  due  for  their  fiefs,  during  the 
war  or  the  truce,  shall  not  on  this  account  lose  their  fiefs. 


202    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

16.  Lands  held   by   libelli   and   precarice   shall   be   held 
according  to  the  customs  of  each  city,  the  feudal  law  of  Fred- 
erick I  to  the  contrary  notwithstanding. 

17.  All  injuries,  losses,  and  damages  which  we  or  our 
followers  have  sustained  from  the  league  or  any  of  its  mem- 
bers or  allies  are  hereby  pardoned,  and  all  such  transgressors 
are  hereby  received  back  into  our  favor. 

18.  We  will  not  remain  longer  than  is  necessary  in  any 
city  or  bishopric. 

19.  It  shall  be  permitted  to  the  cities  to  erect  fortifica- 
tions within  or  without  their  boundaries. 

20.  It  shall  be  permitted  to  the  league  to  maintain  its 
organization  as  it  now  is  or  to  renew  it  as  often  as  it  desires. 

no.    THE  FORMATION  OF  THE  DUCHY  OF  AUSTRIA,  1156. 

Wattenbach,  Die  ost.  Freiheitsbriefe ;  Doeberl,  IV,  no.  31  a. 

The  nobles  of  Germany  early  showed  the  desire  to  free  themselves 
from  the  control  of  the  emperor  and  to  acquire  independence  at  the 
expense  of  the  crown.  The  document  by  which  Frederick  I  created 
the  duchy  of  Austria  out  of  the  Bavarian  east  mark  and  gave  it  to 
his  uncle,  Henry,  contains  some  concessions  which  tended  to  weaken 
the  crown.  Instead  of  binding  the  new  duke  closely  to  the  crown 
and  compelling  him  to  render  services  commensurate  with  his  high 
position,  the  emperor  excused  him  from  attending  diets  which  were 
not  held  near  his  lands,  and  from  military  service  except  in  the  lands 
which  adjoined  his.  He  also  gave  the  duke  the  complete  adminis- 
tration of  justice  in  his  territory.  Other  princes  were  not  slow  to 
demand  similar  privileges,  and  the  crown  was  gradually  stripped  of 
its  powers  and  prerogatives.  See  nos.  136,  139,  153,  160.  The  duchy 
of  Austria,  created  by  this  grant,  came  into  the  possession  of  the 
Hapsburg  family,  and  formed  the  centre  of  the  Hapsburg  lands,  the 
present  Austro-Hungarian  empire.  See  no.  150. 

In  the  name  of  the  holy  and  undivided  Trinity.  Fred- 
erick, by  divine  mercy  emperor  of  the  Romans,  Augustus. 
.  .  .  Know  all  our  faithful  subjects,  present  and  future, 
that  with  the  aid  of  him  who  sent  peace  on  earth,  we  have 
been  able  to  settle  the  long  quarrel  between  our  beloved  uncle 


No.  ill]       EMPIRE  AND  PAPACY,  1073-1250  203 

Henry,  duke  of  Austria,  and  our  beloved  nephew,  Henry, 
duke  of  Saxony,  over  the  possession  of  the  duchy  of  Bavaria. 
This  was  accomplished  at  the  diet  of  Regensburg  on  the  day 
of  the  Nativity  of  the  blessed  Virgin  Mary  in  the  presence 
of  many  pious  catholic  princes.  This  is  the  way  in  which 
the  settlement  was  reached:  The  duke  of  Austria  resigned 
the  duchy  of  Bavaria  into  our  hands,  and  we  immediately 
granted  it  in  fief  to  the  duke  of  Saxony.  Then  the  duke  of 
Bavaria  [Henry  of  Saxony]  surrendered  to  us  the  mark  of 
Austria  with  all  its  rights  and.  all  the  fiefs  which  the  former 
margrave  Luitpold  held  of  the  duchy  of  Bavaria,  and  we 
have  made  the  mark  of  Austria  a  duchy  with  the  consent  of 
the  princes,  Wadislaus,  duke  of  Bohemia,  putting  the  motion 
and  the  other  princes  agreeing  to  it.  This  was  done  in  order 
that  our  beloved  uncle  should  not  lose  in  rank  by  the  transfer. 
We  have  now  granted  the  duchy  of  Austria  in  fief  to  our 
uncle  Henry  and  to  his  wife  Theodora,  decreeing  by  this 
perpetual  edict  that  (1)  they  and  their  children  after  them, 
whether  sons  or  daughters,  shall  hold  and  possess  it  by 
hereditary  right.  If  our  uncle  and  his  wife  should  die  with- 
out children,  they  may  leave  the  duchy  by  will  to  whomsoever 
they  desire.  (2)  We  decree  also  that  no  person,  great  or 
small,  shall  presume  to  exercise  any  of  the  rights  of  justice 
within  the  duchy,  without  the  consent  and  permission  of  the 
duke.  (3)  The  duke  of  Austria  does  not  owe  any  services  to 
the  empire,  except  to  attend,  when  summoned,  such  diets  as 
may  be  held  in  Bavaria.  (4)  He  is  not  bound  to  join  the 
emperor  on  any  campaign  except  such  as  may  be  directed 
against  parts  of  the  kingdom  neighboring  to  Austria. 

in.    THE  BISHOP  OF  WURZBURG  is  MADE  A  DUKE,  1168. 

Bresslau,  Diplomats  Centum,  no.  72;  Doeberl,  IV,  no.  44. 

The  old  duchy  of  Franconia  disappeared  with  Conrad  II  ( 1024-39). 
The  Staufer,  who  inherited  the  family  lands  of  Conrad  II,  called 
themselves  dukes  of  Rothenburg,  and  not  of  Franconia.  A  large  part 


204    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

of  the  original  duchy  went  to  make  up  the  bishoprics  of  Mainz, 
Bamberg,  and  Wiirzburg.  In  time  the  bishops  of  Wiirzburg  put  forth 
the  claim  that  they  had  received  the  ducal  office  in  Franconia.  In 
a  diet  at  Wiirzburg,  1168,  Herold,  the  ambitious  bishop  of  Wiirzburg, 
presented  some  forged  documents  to  Frederick  I  to  prove  that  the 
bishops  of  Wiirzburg  were  also  dukes  and  had  ducal  authority  in  the 
duchy  of  Wiirzburg,  which  was  identical  with  the  bishopric.  Fred- 
erick was  deceived  by  these  forgeries  and  confirmed  the  bishop  in  his 
usurped  title  and  authority.  The  bishops  of  Wiirzburg  now  received 
the  highest  jurisdiction  over  their  territory. 

In  the  name  of  the  holy  and  undivided  Trinity.  Fred- 
erick, by  the  mercy  of  God  emperor  of  the  Romans,  Augus- 
tus. .  .  .  Be  it  known  to  all  the  faithful  subjects  of  God 
and  of  our  empire,  both  present  and  future,  that  we  held  a 
diet  at  Wiirzburg  recently,  where  with  the  aid  of  God  we 
were  able  to  reconcile  the  differences  which  had  arisen  among 
the  princes  of  Saxony.  At  that  diet  also  Herold,  venerable 
bishop  of  Wiirzburg,  attended  by  his  whole  chapter  and  by 
a  large  following  of  freemen  and  ministerials,  besought  us 
to  confirm  by  our  imperial  authority  the  jurisdiction  over 
the  church  and  duchy  of  Wiirzburg,  which  has  belonged  to 
his  predecessors  since  the  time  of  Karl  the  Great.  We 
always  delight  to  grant  the  reasonable  requests  of  suppliants, 
and  we  have  no  wish  to  disturb  the  arrangements  made  by 
former  emperors,  unless  there  is  some  need  of  correction.  In 
this  case  it  is  apparent  that  the  settlement  made  by  the  for- 
mer emperors  is  just,  and  that  the  lands  have  been  held  un- 
questioned for  a  long  time  by  the  church  and  the  duchy  of 
Wiirzburg.  Therefore,  influenced  by  the  fidelity  and  devo- 
tion of  the  bishop  and  by  the  intercessions  of  the  chapter  of 
his  church,  whose  devotion  to  him  has  touched  our  heart,  we 
give  and  grant  to  the  venerable  bishop  Herold  and  to  his  suc- 
cessors forever  the  jurisdiction  and  right  of  administering 
justice  in  the  whole  bishopric  and  duchy  and  all  its  counties ; 
that  is,  the  right  to  punish  cases  of  rapine  and  incendiarism, 
to  exercise  authority  over  freeholds,  fiefs,  and  vassals,  and 


No.  112]       EMPIRE  AND  PAPACY,  1073-1250  205 

to  inflict  capital  punishment.  By  our  imperial  authority  ex- 
pressed in  this  perpetual  decree,  we  forbid  any  person, 
ecclesiastical  or  secular,  to  exercise  any  jurisdiction  in  these 
matters  within  the  bishopric  and  duchy  of  Wiirzburg  and  its 
counties;  except  that  the  counts  should  have  jurisdiction 
within  their  counties  over  those  freemen  who  are  known  as 
largaldi.  If  anyone  acts  contrary  to  this  he  is  guilty  of  vio- 
lating the  decrees  of  former  emperors,  the  rights  of  the 
church  of  Wiirzburg,  and  this  our  decree.  We  also  forbid 
anyone  to  create  hundred-courts  or  appoint  centgrafs  (hun- 
dred-courts) within  this  bishopric  and  duchy  and  its  counties, 
except  by  the  grant  of  the  bishop-duke  of  Wiirzburg.  Fur- 
ther, we  have  destroyed  the  castle  of  Bamberg,  which  has 
been  the  cause  of  so  much  trouble  to  the  church  and  the 
whole  province,  and  have  given  the  hill  upon  which  it  stood 
to  the  church  of  Wiirzburg,  forbidding  the  erection  of  a  castle 
or  fortification  again  upon  it.  We  have  destroyed  also  the 
castle  of  Frankenberg,  which  menaced  the  neighboring  monas- 
tery of  Amerbach  and  imperilled  the  peace  of  the  church  of 
Wiirzburg,  and  have  given  it  under  similar  conditions  to  that 
church. 

112.    DECREE  OF  GELNHAUSEN,  1180. 

Heinemann,  Cod.  Anhalt.,  no.  1  c;  Doeberl,  IV.  no.  50. 
As  early  as  953  Bruno,  archbishop  of  Cologne,  received  the  ducal 
authority  over  Lothringen.  This  gave  him  the  power  to  hold  local 
diets  and  to  summon  both  the  bishops  and  secular  nobles  to  attend 
them.  The  Gelnhausen  decree,  so  named  because  it  was  published  in 
a  diet  held  at  Gelnhausen,  is  important  because  it  contains  an  offi- 
cial account  (1)  of  the  trial  of  Henry  the  Lion,  and  (2)  of  the 
partition  of  the  duchy  of  Saxony.  The  archbishop  of  Cologne  now 
receives  the  ducal  authority  over  a  part  of  the  duchy  of  Saxony. 
There  is  here  a  good  illustration  of  the  policy  which  Frederick  I 
followed  of  weakening  the  great  duchies  by  dividing  them. 

In  the  name  of  the  holy  and  undivided  Trinity.      Frederick, 
by  divine  mercy  emperor  of  the  Romans,  Augustus.     .    .    . 


206    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Know  all  faithful  subjects  of  the  empire,  both  present  and 
future,  that  Henry,  former  duke  of  Bavaria  and  Westphalia, 
has  oppressed  the  churches  of  God  and  the  nobles  of  the  em- 
pire by  seizing  their  lands  and  violating  their  rights,  has 
refused  to  obey  our  summons  to  present  himself  before  us 
and  has  therefore  incurred  the  ban,  and  even  after  that  has 
continued  to  injure  the  churches  and  nobles.  Now  therefore 
on  account  of  the  injuries  which  he  has  inflicted  upon  these 
persons,  and  on  account  of  the  contempt  which  he  has  so 
often  shown  to  us,  and  especially  on  account  of  his  violation 
of  feudal  law,  in  that  he  refused  to  obey  the  three  sum- 
monses to  present  himself  before  us,  he  has  been  judged  con- 
tumacious and  by  the  unanimous  sentence  of  the  princes  in 
the  diet  held  at  Wiirzburg  has  been  deprived  of  the  duchies 
of  Bavaria,  Westphalia,  and  Engria  [that  is,  Bavaria  and 
Saxony]  and  of  all  the  fiefs  which  he  held  of  the  empire, 
and  these  territories  have  been  restored  to  our  control. 

Now  byv  the  advice  of  the  princes  we  have  divided  the 
duchy  of  Westphalia  and  Engria  [Saxony]  into  two  parts  and 
have  conferred  that  part  which  is  included  in  the  dioceses  of 
Cologne  and  Paderborn  upon  our  beloved  prince,  Philip, 
archbishop  of  Cologne,  because  of  his  conspicuous  merits,  and 
of  his-  labors  and  expenditures  for  the  crown.  We  have  given 
and  granted  this  territory  to  the  church  of  Cologne  with  the 
counties,  advocates,  rights  of  safe-conduct,  domains,  farms, 
fiefs,  ministerials,  serfs,  and  all  other  things  which  belong 
to  that  duchy;  and  we  have  solemnly  invested  the  aforesaid 
Philip  by  the  banner  [flag]  of  the  empire  with  that  portion 
of  the  duchy  which  is  given  to  his  church.  This  was  done 
by  the  decision  of  all  the  princes  of  the  diet,  and  with  the 
public  consent  of  our  relative,  duke  Bernard,  to  whom  we 
have  given  the  other  part  of  the  duchy  of  Westphalia  and 
Engria.  .  .  . 


No.  113]       EMPIRE  AND  PAPACY,  1073-1250  207 

113.     PAPAL  ELECTION  DECREE  OF  ALEXANDER  III,  1179. 

Watterich,  Pont.  Rom.  Vitse,  II,  pp.  644  f ;  Doeberl,  IV,  no.  49. 
Disputed  elections  might  easily  take  place,  because  there  was  no 
clear  law  governing  them.  It  was  not  the  majority  of  the  cardinals 
who  'could  elect,  but  those  of  the  "better  and  wiser  counsel."  No 
matter  how  small  the  number  of  cardinals  who  might  vote  for  a 
particular  candidate,  he  could  easily  claim  to  be  elected  because  he 
could  say  that  his  supporters  were  of  the  "better  and  wiser  counsel." 
To  prevent  such  occurrences,  Alexander  III  decreed  that  the  votes  of 
two-thirds  of  the  cardinals  were  necessary  to  elect. 

Concerning  the  election  of  the  pope.  Although  our  prede- 
cessors have  issued  decrees  intended  to  prevent  disputed  elec- 
tions in  the  papacy,  nevertheless,  the  unity  of  the  church  has 
frequently  been  imperilled  by  the  wicked  ambition  of  men. 
We  have  decided  with  the  advice  of  our  brothers  and  the 
approval  of  the  council  that  something  further  must  be  done 
to  prevent  this  evil.  Therefore  we  have  decreed  that  when 
the  cardinals  cannot  come  to  a  unanimous  vote  on  any  can- 
didate, that  person  shall  be  regarded  as  pope  who  receives 
two-thirds  of  the  votes,  even  if  the  other  one-third  refuse 
to  accept  him  and  elect  a  pope  of  their  own.  If  anyone  who 
has  been  elected  by  only  a  third  of  the  cardinals  shall  pre- 
sume to  act  as  pope  he  and  his  followers  shall  be  excommuni- 
cated and  deprived  of  all  ecclesiastical  rank;  they  shall  not 
be  allowed  to  take  communion,  unless  it  be  extreme  unction, 
and  unless  they  repent  they  shall  have  their  part  with  Dathan 
and  Abiram  [Num.  16],  whom  the  earth  swallowed  alive. 
No  one  who  has  been  elected  by  less  than  two-thirds,  shall 
presume  to  act  as  pope,  and  if  he  does  he  shall  suffer  the  same 
penalty.  This  decree  shall  not  be  to  the  prejudice  of  the 
canon  law  or  of  the  practice  in  other  churches  where  the  voice 
of  the  majority  is  declared  to  be  decisive  in  elections,  because 
any  dispute  arising  in  these  churches  can  be  settled  by  appeal 
to  higher  authority.  The  Roman  church  requires  a  special 
law,  because  there  is  in  her  case  no  higher  authority  to 
appeal  to. 


208    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

114-115.     SUPREMACY  OF  THE  PAPAL  POWER. 
114.    INNOCENT  III  TO  ACERBIUS,  1198. 

Migne,  214,  col.  377. 

Innocent  III  here  gives  an  interesting  statement  of  the  theory  of 
papal  supremacy  and  of  the  relations  existing  between  papacy  and 
empire. 

Innocent  III  to  Acerbius,  prior,  and  to  the  other  clergy  in 
Tuscany.  As  God,  the  creator  of  the  universe,  set  two  great 
lights  in  the  firmament  of  heaven,  the  greater  light  to  rule 
the  day,  and  the  lesser  light  to  rule  the  night  [Gen.  1:15,  16], 
so  He  set  two  great  dignities  in  the  firmament  of  the  uni- 
versal church,  .  .  .  the  greater  to  rule  the  day,  that 
is,  souls,  and  the  lesser  to  rule  the  night,  that  is,  bodies. 
These  dignities  are  the  papal  authority  and  the  royal  power. 
And  just  as  the  moon  gets  her  light  from  the  sun,  and  is 
inferior  to  the  sun  in  quality,  quantity,  position,  and  effect, 
so  the  royal  power  gets  the  splendor  of  its  dignity  from  the 
papal  authority.  .  .  . 

v/ii5.    THE  USE  OF  THE  PALLIUM.    INNOCENT  III  TO  THE 
ARCHBISHOP  OF  TRNOVA  (IN  BULGARIA),  1201. 

Migne,  215,  col.  294. 

To  the  honor  of  omnipotent  God,  and  of  the  Blessed  Vir- 
gin Mary,  and  of  the  blessed  apostles,  Peter  and  Paul,  and 
of  pope  Innocent  and  of  the  Roman  church,  as  well  as  of 
the  church  committed  to  you,  we  give  you  the  pallium.  It 
was  first  placed  on  the  tomb  of  St.  Peter,  from  which  place 
we  have  taken  it  to  send  it  to  you.  It  is  the  symbol  of  the 
full  power  of  the  bishop's  office.  You  shall  wear  the  pallium 
only  when  you  celebrate  mass  in  the  churches  of  your  own 
diocese  on  the  following  days :  Christmas,  St.  Stephen's,  Cir- 
cumcision, Epiphany,  Purification  of  the  Virgin  Mary,  Palm 
Sunday,  Thursday  and  Saturday  of  Passion  week,  Easter 
Sunday,  Monday  after  Easter,  Ascension  of  our  Lord,  Pente- 


No.  116]       EMPIRE  AND  PAPACY,  1073-1250  209 

cost,  the  three  feasts  of  St.  Mary,  the  birthday  of  John  the 
Baptist,  the  feast  days  of  all  the  apostles,  All  Saints'  day, 
and  when  a  church  is  to  be  dedicated,  or  bishop  consecrated, 
or  clergy  ordained,  on  the  principal  feast  days  of  your  own 
church,  and  on  the  anniversary  of  your  consecration. 

The  bishop  of  Rome  alone  always  wears  the  pallium  when 
celebrating  mass  because  he  has  the  plentitude  (fullness)  of 
ecclesiastical  power,  which  is  symbolized  by  the  pallium. 
Others  wear  it  only  on  certain  days,  and  in  that  diocese  over 
which  they  have  received  ecclesiastical  authority,  because  they 
are  called  to  have  authority  over  only  a  part  of  the  church, 
and  not  over  all  of  it  [as  the  pope  is]. 

116-118.    THE  PUNISHMENT  OF  HERETICS. 
116.    INNOCENT  III  TO  THE  ARCHBISHOP  OF  AUCH  IN 
GASCONY,  1198. 

Migne,  214,  col.  71. 

Many  heresies  were  appearing  in  various  parts  of  Europe,  and 
Innocent  III  made  special  efforts  to  suppress  them.  The  three  fol- 
lowing documents  illustrate  the  means  by  which  he  hoped  to  destroy 
them.  These  letters  are  directed  to  Spain  and  to  Gascony,  where 
the  Albigensian  heresy  was  flourishing. 

The  little  boat  of  St.  Peter  is  beaten  by  many  storms  and 
tossed  about  upon  the  sea,  but  it  grieves  us  most  of  all  that, 
against  the  orthodox  faith,  there  are  now  arising  more  unre- 
strainedly and  with  more  injurious  results  than  ever  before, 
ministers  of  diabolical  error  who  are  ensnaring  the  souls  of 
the  simple  and  ruining  them.  With  their  superstitions  and 
false  inventions  they  are  perverting  the  meaning  of  the  Holy 
Scriptures  and  trying  to  destroy  the  unity  of  the  catholic 
church.  Since  we  have  learned  from  you  and  others  that  this 
pestilential  error  is  growing  in  Gascony  and  in  the  neighbor- 
ing territories,  we  wish  you  and  your  fellow  bishops  to  resist 
it  with  all  your  might,  because  it  is  to  be  feared  that  it  will 
spread  and  that  by  its  contagion  the  minds  of  the  faithful 


210    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

will  be  corrupted.  And  therefore  by  this  present  apostolical 
writing  we  give  you  a  strict  command  that,  by  whatever 
means  you  can,  you  destroy  all  these  heresies  and  expel  from 
your  diocese  all  who  are  polluted  with  them.  You  shall  exer- 
cise the  rigor  of  the  ecclesiastical  power  against  them  and  all 
those  who  have  made  themselves  suspected  by  associating  with 
them.  They  may  not  appeal  from  your  judgments,  and  if 
necessary,  you  may  cause  the  princes  and  people  to  suppress 
them  with  the  sword. 

117.  INNOCENT  III  COMMANDS  ALL  IN  AUTHORITY  TO 
AID  HIS  LEGATES  IN  DESTROYING  HERESY,  1198. 

Migne,  214,  col.  142. 

See  introductory  note  to  no.  116. 

In  order  to  catch  the  little  foxes  which  are  destroying  the 
vineyard  of  the  Lord  [Song  of  Sol.  2:15],  and  to  separate 
heretics  from  the  society  of  the  faithful,  we  have  sent  to  you 
our  beloved  son  and  brother,  Eainerius,  who,  by  the  divine 
aid,  is  powerful  in  both  word  and  deed,  and  with  him  our 
beloved  son  and  brother,  Guido,  who  fears  God  and  is  devoted 
to  works  of  love.  We  ask,  warn,  exhort,  and  for  the  for- 
giveness of  your  sins  command  you  to  receive  them  kindly 
and  render  them  assistance  against  the  heretics  by  giving 
them  advice  and  aid.  We  have  ordered  Rainerius  to  go  on 
into  Spain  on  certain  important  ecclesiastical  matters,  and 
so  we  order  all  archbishops  and  bishops  to  use,  at  the  com- 
mand of  Guido,  the  spiritual  sword  against  all  heretics  whom 
he  shall  name  to  you.  And  we  order  the  laymen  to  confiscate 
their  goods  and  drive  them  out  of  your  territories,  and  thus 
separate  the  chaff  from  the  wheat.  Moreover  to  all  who 
faithfully  and  devoutly  aid  the  church  in  preserving  the  faith 
in  this  time  of  great  danger  which  is  threatening  her,  we 
grant  the  same  indulgence  of  sins  as  to  those  who  make  a 
pilgrimage  to  the  churches  of  St.  Peter  or  of  St.  James. 


No.  119]       EMPIRE  AND  PAPACY,  1073-1250  211 


118.  CONFISCATION  OF  THE  PROPERTY  OF  HERETICS.  IN- 
NOCENT III  TO  THE  KINO  OF  ARAGON,  1206. 

Migne,  215.  col.  915  f. 

See  introductory  note  to  no.  116. 

Since  according  to  the  gospel,  the  "laborer  is  worthy  of  his 
hire"  [Luke  10:7],  and  in  another  place  it  is  said,  "Thou 
shalt  not  muzzle  the  mouth  of  the  ox  that  treadeth  out  the 
corn"  [1  Cor.  9:1],  it  is  certainly  even  more  fitting  that  a 
proper  reward  should  be  given  those  who,  zealous  for  the 
divine  law,  labor  to  destroy  the  little  foxes  which  are  ruining 
the  vineyard  of  the  Lord  [Song  of  Sol.  2:15];  we  mean  those 
who  are  endeavoring  to  pervert  the  Christian  faith.  Their 
reward  should  be  all  the  greater,  because  if  these  foxes  are 
killed  the  vineyard  will  be  able  to  bear  much  greater  fruit 
in  works  of  piety.  Led  by  such  considerations,  we  concede 
to  you,  by  this  present  writing,  the  right  to  reserve  for  your 
own  use  all  the  movable  as  well  as  immovable  goods  of  here- 
tics and  of  their  supporters,  of  which  you  are  able  to  get 
possession. 


'119.  INNOCENT  III  COMMANDS  THE  FRENCH  BISHOPS  TO 
PUNISH  USURY,  1198. 

Migne,  214,  col.  376. 

The  code  of  Justinian  permitted  the  taking  of  interest,  but  the 
Biblical  view  of  the  matter  prevailed  and  in  the  Middle  Age  to 
accept  interest  in  any  form  on  loans  was  usury.  The  church  often 
renewed  her  prohibitions  of  the  custom,  but  was  unable  to  abolish  it. 
Finally  in  the  sixteenth  century  the  distinction  was  made  between  a 
reasonable  and  just  rate  of  interest,  which  was  permissible,  and  an 
excessive  rate,  which  was  declared  to  be  usury,  and  therefore  pro- 
hibited. 

We  believe  that  you  know  how  pernicious  the  vice  of  usury 
is,  since,  in  addition  to  the  ecclesiastical  laws  which  have 
been  issued  against  it,  the  prophet  says  that  those  who  put 
their  money  out  at  interest  are  to  be  excluded  from  the  taber- 


212    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

nacle  of  the  Lord  [Ps.  15:5].  And  the  New  Testament,  as 
well  as  the  Old,  forbids  the  taking  of  interest,  since  the  Truth 
[Christ]  himself  says:  "Lend,  hoping  for  nothing  again" 
[Luke  6:35].  And  the  prophet  says:  "Thou  shalt  not  re- 
ceive usury  or  increase"  [Ezek.  18:17].  We  command  you 
all  by  this  apostolical  writing  not  to  permit  those  who  are 
known  as  usurers  to  clear  themselves  by  any  subterfuge  or 
trick  when  they  are  charged  with  the  crime. 

120.  INNOCENT  III  FORBIDS  VIOLENCE  TO  THE  JEWS, 
1199. 

Migne,  214,  col.  864. 

During  the  Middle  Age  the  Jew  received  no  protection  from  the 
law.  It  took  no  account  of  him.  He  was  compelled  to  pay  for  the 
permission  to  live  in  a  Christian  state  or  in  a  Christian  town.  Such 
a  permission  was  often  revoked  at  the  will  of  the  government  (em- 
peror, duke,  bishop,  city  council,  etc.),  and  the  Jews  were  then 
plundered  by  the  government  or  the  mob,  and  made  to  pay  well  to 
have  the  permission  renewed.  Although  the  government  often  robbed 
them,  they  had  more  to  fear  from  the  fanaticism  and  covetousness 
of  the  mob,  against  which  the  government  was  generally  helpless  to 
protect  them.  The  more  enlightened  of  the  clergy  tried  to  shield 
them,  but  generally  without  success.  This  document  gives  an  idea 
of  the  ways  in  which  they  were  commonly  molested,  as  well  as  of 
the  enlightened  humanity  of  Innocent  III.  See  also  nos.  299,  300. 

.  .  .  We  decree  that  no  Christian  shall  use  violence  to 
compel  the  Jews  to  accept  baptism.  But  if  a  Jew,  of  his  own 
accord,  because  of  a  change  in  his  faith,  shall  have  taken 
refuge  with  Christians,  after  his  wish  has  been  made  known, 
he  may  be  made  a  Christian  without  any  opposition.  For 
anyone  who  has  not  of  his  own  will  sought  Christian  baptism 
cannot  have  the  true  Christian  faith.  No  Christian  shall 
do  the  Jews  any  personal  injury,  except  in  executing  the  judg- 
ments of  a  judge,  or  deprive  them  of  their  possessions,  or 
change  the  rights  and  privileges  which  they  have  been  accus- 
tomed to  have.  During  the  celebration  of  their  festivals,  no 
one  shall  disturb  them  by  beating  them  with  clubs  or  by  throw- 


No.  122]       EMPIRE  AND  PAPACY,  1073-1250  213 

ing  stones  at  them.  No  one  shall  compel  them  to  render 
any  services  except  those  which  they  have  been  accustomed  to 
render.  And  to  prevent  the  baseness  and  avarice  of  wicked 
men  we  forbid  anyone  to  deface  or  damage  their  cemeteries 
or  to  extort  money  from  them  by  threatening  to  exhume  the 
bodies  of  their  dead.  .  .  . 

121.  INNOCENT  III  TO  THE  ARCHBISHOP  OF  ROUEN, 
1198. 

Migne,  214,  col.  93. 

It  was  not  uncommon  for  clergymen  to  hold  livings  or  benefices 
(receive  an  income)  from  different  churches  at  the  same  time.  In 
such  cases,  they  of  course  found  it  impossible  to  live  in  all  the 
parishes  from  which  they  received  money  or  support.  And  some 
clergymen,  although  supported  by  some  church,  cared  little  for  their 
clerical  duties  and  evaded  them  by  living  in  some  other  parish.  This 
letter  to  the  archbishop  of  Rouen  represents  a  part  of  the  reforming 
work  of  Innocent  III.  He  endeavored  to  correct  these  abuses,  as  is 
apparent  from  this  letter. 

Since  it  is  written  that  whoever  does  not  work  shall  not  eat 
[2  Thess.  3:10],  we  believe  it  wrong  that  clergymen  do  not 
serve  those  churches  from  which  they  have  their  livings. 
You- have  informed  us  that  certain  canons  of  the  church  of 
Eouen  receive  incomes  and  livings  from  the  church,  but  do 
not  live  there,  as  they  should,  and  that  the  church  of  Rouen 
is  thereby  unjustly  deprived  of  the  services  of  the  clergy 
whom  she  supports.  Therefore  we  grant  your  petition,  ven- 
erable brother  in  Christ,  and  by  our  apostolic  authority  give 
you  full  power  to  use  ecclesiastical  discipline  to  compel  them 
to  live  in  their  churches,  as  the  law  and  custom  of  the  church 
require 

Vi22.  INNOCENT  III  TO  A  BISHOP,  FORBIDDING  LAYMEN 
TO  DEMAND  TITHES  OF  THE  CLERGY,  1198. 

Migne,  214,  col.  433  f. 

This  letter  does  not  differ  materially  from  the  bull  "Clericis 
laicos,"  no.  162.  See  the  introductory  note  to  it. 


Since  it  is  improper  and  contrary  to  reason  that  laymen, 
who  are  bound  to  pay  tithes  to  the  clergy,  should  presume  to 
extort  tithes  from  them,  to  the  utter  confusion  of  the  estab- 
lished order  of  things,  we  grant  your  petition,  and  give  all 
the  monasteries,  churches,  and  clergy  of  yonir  diocese  the  per- 
mission to  refuse  to  pay  any  tithes  which  may  be  demanded 
of  them  by  laymen,  no  matter  under  what  pretext  such  a 
demand  may  be  made.  And  if  laymen,  contrary  to  this  writ- 
ing, shall  attempt  to  collect  such  tithes  by  violence,  you  shall 
put  them  under  ecclesiastical  interdict  and  deprive  them  of 
the  right  to  appeal. 

123-125.    THE  SECULAR  POWER  OF  INNOCENT  III. 
123.    THE    PREFECT   OF   EOME    TAKES    THE    OATH    OF 
FIDELITY  TO  THE  POPE,  1198. 

Migne,  214,  cols.  18  and  529. 

Innocent  III  attempted  to  build  up  a  system  of  papal  government 
in  all  the  lands  which  he  claimed.  This  document  shows  how  his 
authority  in  Rome  was  recognized.  No.  124  is  an  illustration  of 
the  oath  which  he  required  of  the  local  princes  in  Italy  who  held 
lands  from  him.  No.  125  is  offered  as  an  evidence  of  his  government 
in  Sicily. 

The  next  day  after  the  coronation  of  Innocent  III,  Peter, 
prefect  of  the  city  of  Eome,  in  the  consistory  of  the  Lateran 
palace,  publicly  took  the  oath  of  fidelity  to  Innocent  and  his 
successors,  against  all  men,  and  received  from  the  pope  a  robe 
as  the  symbol  of  his  investiture,  with  the  prefecture.  And 
then  he  did  Innocent  liege  homage  and  the  pope  gave  him 
a  silver  cup  as  the  sign  of  his  favor. 

The  oath.  In  the  name  of  Christ.  I,  Peter,  prefect  of  the 
city,  swear  that  the  land  which  the  pope  has  given  me  to  gov- 
ern, I  will  govern  to  the  honor  and  profit  of  the  church.  I  will 
neither  sell,  nor  hire  out,  nor  enfeoff,  nor  pawn,  nor  aleniate  in 
any  other  way,  any  part  of  it.  I  will  carefully  find 'out  and 
maintain  all  the  rights  of  the  Eoman  church,  and  I  will  en- 


No.  124]       EMPIRE  AND  PAPACY,  1073-1250  215 

deavor  to  recover  those  rights  which  she  has  lost ;  and  when  I 
have  recovered  them,  I  will  preserve  and  defend  them  as  long 
as  I  shall  hold  this  office.  I  will  guard  the  roads  and  admin- 
ister justice.  I  will  give  diligent* zeal  and  attention  to  the 
guarding  of  the  defences  in  order  that  they  may  be  guarded 
well  and  to  the  honor  of  the  church  and  in  accordance  with  her 
wishes.  I  will  neither  change  nor  cause  to  be  changed  those 
who  have  charge  of  the  fortresses,  nor  will  I  introduce,  or 
cause  to  be  introduced,  others  into  the  fortresses,  contrary  to 
the  command  of  the  pope.  The  faithful  subjects  and  vassals 
of  the  pope,  who  live  on  the  patrimony  of  the  church,  I  will 
not  permit  to  take  the  oath  of  fidelity  and  homage  to  me 
without  the  special  command  of  the  pope.  Nor  shall  any  of 
them  be  required  to  be  faithful  to  me  except  during  my  gov- 
ernorship. In  the  territory  committed  to  me  I  will  not  cause 
any  strongholds  to  be  built  without  the  command  of  the  pope. 
I  will  give  a  faithful  account  of  my  governorship  whenever 
the  pope  may  demand  it.  And  I  will  freely  resign  my  office 
whenever  the  pope  or  the  holy  Roman  church  may  command 
me  to  do  so.  All  these  things  I  swear  that  I  will  faithfully 
observe  without  fraud,  to  the  best  of  my  ability,  the  com- 
mand of  the  pope  being  supreme  in  all  things.  So  help  me 
God  and  these  holy  gospels  of  God. 

124.  JOHN  OF  CECCANO'S  OATH  OF  FIDELITY  TO  INNO- 
CENT III,  1201. 

Migne,  217,  col.  286. 

See  introductory  note  to  no.  123. 

In  the  fourth  year  of  the  pontificate  of  Innocent  III,  in  the 
papal  palace  at  Anagni,  a  nobleman,  John  of  Ceccano,  took 
an  oath  of  fidelity  to  pope  Innocent  for  Ceccano  and  for  all 
the  land  which  he  holds.  The  oath  was  taken  in  the  presence 
of  cardinal  bishops,  priests,  and  deacons ;  there  were  present 
also  many  other  clergy  and  nobles  of  Anasmi  and  of  other 


216    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

places,  as  well  as  the  knights  of  John  of  Ceccano.  And  he 
admitted  that  he  held  Ceccano  and  all  the  rest  of  his  land 
from  the  Roman  church.  And  this  was  his  oath : 

I,  John  of  Ceccano,  swear  that  from  this  hour  on  I  will  be 
faithful  to  St.  Peter,  the  Roman  church,  and  my  lord  pope 
Innocent  and  his  successors.  I  will  have  no  share  in  any 
counsel  or  deed,  either  by  word  or  act,  to  deprive  them  of  life 
or  limb  or  to  capture  them  by  fraud.  Any  plan  which  they 
may  reveal  to  me  either  in  person  or  by  messenger  or  by 
letter  I  will  not  wittingly  make  known  to  their  hurt.  If  I 
learn  of  an  impending  injury  to  them  I  will  prevent  it  if 
possible;  if  I  cannot  prevent  it  I  will  inform  them  of  it 
either  in  person  or  by  letter  or  by  messenger,  or  I  will  tell 
it  to  some  person  who,  I  believe,  will  tell  them  of  it.  I  will 
aid  them  in  defending  Ceccano  and  all  the  land  which  I  hold, 
and  the  other  regalia  of  St.  Peter  which  they  hold.  If  they 
have  lost  any  regalia,  I  will  aid  them  in  recovering,  keeping, 
and  defending  it  against  all  men.  These  things  I  will  keep 
in  good  faith,  without  fraud  or  deceit.  So  help  me  God  and 
these  holy  gospels. 

After  these  things  he  put  his  hands  into  the  hands  of  the 
pope  and  did  him  liege  homage.  And  the  pope  graciously 
gave  him  a  silver  cup  overlaid  with  gold.  And  afterward, 
in  the  same  year,  the  same  pope,  because  of  his  faithfulness 
and  services  of  John  of  Ceccano  and  his  ancestors,  gave  him 
the  castle  of  Sitense  as  a  fief. 

125.  INNOCENT  III  COMMANDS  THE  ARCHBISHOP  OF 
MESSINA  TO  RECEIVE  THE  OATHS  OF  BAILIFFS  IN  SICILY, 
1203. 

Migne,  215,  col.  55. 

See  introductory  note  to  no.  123.  This  document  is  an  evidence 
that  the  government  of  Sicily  was  administered  by  the  pope. 
According  to  the  Constitutions  of  Sicily,  1231,  the  bailiffs  had 
jurisdiction  over  thefts,  the  use  of  false  weights  and  measures,  and 
the  less  important  civil  cases. 


No.  126]       EMPIRE  AND  PAPACY,  1073-1250  217 

Knowing  your  orthodoxy  and  your  faithfulness  we  do  not 
hesitate  to  commit  to  your  charge  those  things  which  will 
advance  the  honor  of  the  apostolic  see.  Accordingly,  by  this 
apostolic  writing,  we  command  you  to  demand  and  receive,  in 
our  name,  the  bailiff's  oath  from  all  counts,  barons,  citizens, 
and  others  who  have  not  yet  taken  it. 

* 126.    INNOCENT  III  COMMANDS  THE  ENGLISH  BARONS  TO 
PAY  THEIR  ACCUSTOMED  SCUTAGE  TO  KING  JOHN,  1206. 

Migne,  217,  col.  248. 

Innocent  III  presumed  to  dictate  to  the  whole  Christian  world  in 
all  matters,  temporal  as  well  as  spiritual.  The  following  documents, 
nos.  126-129,  are  offered  merely  to  illustrate  by  a  few  specific  cases 
the  authority  which  he  assumed.  They  explain  themselves. 

Innocent  .  .  .  .  to  his  beloved  sons,  the  great  nobles, 
barons,  and  knights  in  England,  greeting  and  apostolic  bene- 
diction. Our  most  dear  son,  John,  the  illustrious  king  of 
England,  has  informed  us  that,  although  your  ancestors  were 
accustomed  from  ancient  times  to  pay  the  king  scutage  for 
the  baronies  which  they  held  from  him,  and  although  you 
yourselves  have  paid  this  scutage  up  to  very  recent  times, 
you  have  now  arbitrarily  refused  to  pay  scutage  for  the  army 
which  he  led  last  year  into  Poitou.  In  order  that  your  king's 
plans  may  not  be  interfered  with  by  such  action,  we  earnestly 
admonish  and  exhort  you,  and  by  this  letter  we  command  you 
to  pay  promptly  and  without  further  resistance  or  objection 
the  said  scutage  in  accordance  with  your  obligation.  For 
without  judicial  procedure  he  cannot  be  despoiled  of  this 
scutage  because  his  ancestors  and  he  have  been  accustomed 
to  receive  it,  and  besides,  provided  his  right  to  it  is  admitted, 
he  is  ready  to  hear  any  just  complaints  that  may  be  made  to 
him  about  it. 


218    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

127.  INNOCENT  III  TO  PETEK  OF  ARAGON,  1211. 

Migne,  216,  col.  404  f. 

See  introductory  note  to  no.  126. 

Since  you  say  that  while  you  were  still  a  minor  you  did 
yourself  great  damage  by  making  grants  which  now  involve  a 
large  part  of  your  income,  and  that,  although  you  are  very 
poor,  you  incur  heavy  expenses  in  fighting  the  enemies  of 
Christianity  [that  is,  the  Mohammedans  in  Spain],  I  hereby 
give  you  the  authority  to  revoke  all  the  grants  you  made  dur- 
ing your  minority ;  but  with  this  proviso,  that  if  you  wish  to 
revoke  any  grants  which  you  made  to  churches  or  to  other 
places  which  are  put  to  a  religious  use,  such  revocations  shall 
be  passed  on  by  an  ecclesiastical  judge. 

128.  INNOCENT  III  GRANTS  THE  TITLE  OF  KING  TO  THE 
DUKE  OF  BOHEMIA,  1204. 

Migne,  215,  col.  333  f. 

See  introductory  note  to  no.  126  and  to  no.  56. 

Although  there  have  been  many  in  Bohemia  who  have 
worn  a  royal  crown,  yet  they  never  received  the  papal  permis- 
sion to  call  themselves  king  in  their  documents.  Nor  have 
we  hitherto  been  willing  to  call  you  king,  because  you  were 
crowned  king  by  Philip,  duke  of  Suabia,  who  himself  had 
not  been  legally  crowned,  and  therefore  could  not  legally 
crown  either  you  or  anyone  else.  But  since  you  have 
obeyed  us,  and,  deserting  the  duke  of  Suabia,  have  gone  over 
to  the  illustrious  king,  Otto,  emperor  elect,  and  he  regards 
you  as  king,  we,  at  his  request  and  out  of  consideration  of 
your  obedience,  are  willing  hereafter  to  call  you  king.  Now 
that  you  know  why  this  favor  has  been  granted  you,  strive  to 
shun  the  vice  of  ingratitude.  And  show  that  you  have  de- 
served our  favor  which  we  have  so  graciously  shown  you,  and 
try  also  to  retain  it.  See  to  it  that  you  are  solemnly  crowned 
by  Otto  as  soon  as  possible. 


No.  129]       EMPIRE  AND  PAPACY,  1073-1250  219 

129.  INNOCENT  III  REBUKES  THE  ENGLISH  BAEONS  FOE 
RESISTING  KING  JOHN  OF  ENGLAND,  1216. 

Migne,  217,  col.  245  f.  • 

See  introductory  note  to  no.  126. 

Innocent,  etc.,  to  his  beloved  sons,  the  magnates  and  barons 
of  England,  greeting  and  apostolic  benediction. 

We  are  gravely  troubled  to  learn  that  a  quarrel  has  arisen 
between  our  most  beloved  son,  John,  king  of  Egland,  and 
some  of  you,  about  certain  questions  that  have  recently  been 
raised.  Unless  wise  counsel  prevails  and  diligent  measures 
are  taken  to  end  this  quarrel,  it  will  cause  injury.  It  is  cur- 
rently reported  that  you  have  rashly  made  conspiracies  and 
confederacies  against  him,  and  that  you  have  insolently, 
rebelliously,  presumptuously,  and  with  arms  in  your  hands, 
said  things  to  him,  which,  if  they  had  to  be  said,  should  have 
been  said  humbly  and  submissively.  We  utterly  condemn 
your  conduct  in  these  matters.  You  must  no  longer  try,  by 
such  means,  to  hinder  the  king  in  his  good  plans.  By  our 
apostolic  authority  we  hereby  dissolve  all  conspiracies  and 
confederacies  that  have  been  made  since  the  quarrel  between 
the  crown  and  the  church  began,  and  forbid  them  under 
threat  of  excommunication.  We  order  you' to  endeavor  by 
clear  proofs  of  humility  and  devotion  to  placate  your  king 
and  to  win  his  favor  by  rendering  him  those  customary 
services  which  you  and  your  ancestors  have  paid  him  and  his 
predecessors.  And  in  the  future,  if  you  wish  to  make  a 
request  of  him,  you  shall  do  it,  not  insolently,  but  humbly 
and  reverently,  without  offending  his  royal  honor;  and  thus 
you  will  more  readily  obtain  what  you  wish.  We  ask  and 
beseech  the  king  in  the  Lord  and  command  him,  in  order  to 
obtain  forgiveness  of  his  sins,  to  treat  you  leniently,  and  gra- 
ciously to  grant  your  just  petitions.  And  thus  you  your- 
selves may  rejoice  to  know  that  he  has  changed  for  the  better, 
and  on  this  account  you  and  your  heirs  may  serve  him  and 


220-   SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

his  successors  more  promptly  and  devotedly.  We  ask,  and, 
by  this  apostolic  writing,  command  you  to  bear  yourselves  in 
such  a  way  that  England  may  obtain  the  peace  she  so 
earnestly  longs  for,  and  that  you  may  deserve  our  aid  and 
support  in  your  times  of  trouble. 

130.  DECISION  or  INNOCENT  III  IN  REGARD  TO  THE  DIS- 
PUTED ELECTION  OF  FREDERICK  II,  PHILIP  OF  SUABIA,  AND 
OTTO  OF  BRUNSWICK,  1201. 

Reg.  d.  Innoc.  III.  p.  super  neg.  Rom.  imp.,  no.  29;    Huillard-Br^holles,    I, 
70-76;  Bohmer-Ficker-Winkelmann,  no.  5724  a;  Doeberl,  V,  no.  8. 

At  the  death  of  Henry  VI,  1197,  his  brother,  Philip  of  Suabia, 
tried  to  persuade  the  princes  to  elect  the  infant  son  of  Henry,  Fred- 
erick, as  king.  While  some  were  in  favor  of  this,  others  refused  on 
the  ground  that  it  would  be  ruinous  to  elect  a  child  king.  They 
offered  the  crown  to  Philip,  but  he  refused  it  because  he  was  unwill- 
ing to  appear  to  be  false  to  his  little  nephew.  In  spite  of  Philip's 
persistent  refusal  a  party  of  the  princes  elected  him.  The  Guelf 
party  elected  Otto,  son  of  Henry  the  Lion.  Under  these  circumstances 
Innocent  III  declared  that  it  was  his  right  as  pope  to  decide  the 
disputed  election.  His  reasons  for  deciding  in  favor  of  Otto  are 
given  in  the-  following  document. 

In  the  name  of  the  Father,  Son,  and  Holy  Spirit. 

It  is  the  business  of  the  pope  to  look  after  the  interests  of 
the  Roman  empire,  since  the  empire  derives  its  origin  and  its 
final  authority  from  the  papacy;  its  origin,  because  it  was 
originally  transferred  from  Greece  by  and  for  the  sake  of 
the  papacy,  the  popes  making  the  transfer  in  order  that  the 
church  might  be  better  protected ;  its  final  authority,  because 
the  emperor  is  raised  to  his  position  by  the  pope  who  blesses 
him,  crowns  him,  and  invests  him  with  the  empire.  Henry 
[VI]  recognized  this  truth  in  respect  to  our  predecessor,  pope 
Celestine  of  blessed  memory,  for  although  for  a  little  while 
after  he  had  received  the  crown  from  the  pope,  he  refused  to 
admit  this,  later  he  came  to  his  senses  and  besought  the  pope 
to  invest  him  with  the  golden  mantle  of  the  empire.  There- 
fore, since  three  persons  have  lately  been  elected  king  by  dif- 


No.  130]       EMPIRE  AND  PAPACY,  1073-1250  221 

erent  parties,  namely,  the  youth  [Frederick  II],  Philip,  and 
Otto,  so  also  three  things  must  be  taken  into  account  in 
regard  to  each  one,  namely :  the  legality,  the  suitability,  and 
the  expediency  of  his  election. 

In  respect  to  the  youth,  the  son  of  emperor  Henry,  at  first 
glance  it  does  not  seem  lawful  to  oppose  his  election,  because 
it  was  supported  by  the  oaths  which  his  father  received  from 
the  princes  before  his  death.  For  although  that  oath  may 
have  been  extorted  from  them  by  force,  nevertheless  it  is  not 
thereby  rendered  void ;  in  the  case  of  the  oath  which  the  chil- 
dren of  Israel  swore  to  Gibeon,  they  decided  that,  although 
it  had  been  secured  by  fraud,  il^  ought  still  to  be  kept.  More- 
over, if  the  oath  of  the  princes  was  originally  extorted  from 
them,  the  emperor  later  recognized  his  sin,  and  released  them 
from  their  oath,  sending  back  the  letters  in  which  they  prom- 
ised to  elect  his  son;  then  the  princes,  in  the  emperor's 
absence,  of  their  own  accord  elected  his  son,  and  almost  all 
of  them  promised  him  fidelity  and  some  did  him  homage. 
Therefore  it  does  not  appear  that  they  may  lawfully  break 
that  oath.  It  does  not  seem  proper  for  us  to  deprive  him  of 
his  kingdom,  because  he  has  been  intrusted  to  our  guardian- 
ship and  protection,  and  moreover  it  is  written :  "Defend 
the  fatherless"  [Ps.  82:3].  It  does  not  seem  expedient 
to  oppose  him,  because,  when  the  youth  shall  arrive  at  years 
of  discretion  and  shall  learn  that  he  was  deprived  of  his  king- 
dom by  the  pope,  not  only  will  he  not  show  us  reverence,  but 
even  as  far  as  he  is  able  he  will  attack  the  church,  and  with- 
hold from  her  the  allegiance  and  dues  which  she  should  receive 
from  the  kingdom  of  Sicily.  On  the  other  hand,  there  are 
good  reasons  why  it  should  be  lawful,  fitting,  and  expedient  to 
oppose  his  election.  It  is  lawful  because  the  oaths  of  the 
princes  were  illegal,  and  the  election  was  unwise.  For  they 
elected  as  emperor  a  person  unsuited  not  only  to  that,  but  to 
any  other  office,  for  he  was  then  scarcely  two  years  old  and 
was  not  yet  baptized.  It  appears  then  that  such  illegal  and 


222    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

unwise  oaths  should  not  be  kept.  The  case  of  the  oath  sworn 
to  Gibeon  does  not  apply,  for  that  oath  could  be  kept  without 
working  injury  to  the  people  of  Israel,  while  the  observance 
of  these  oaths  will  not  only  injure  one  race,  but  will  cause 
great  loss  and  damage  to  the  church  and  the  whole  Christian 
people.  Nor  can  it  be  said  that  these  oaths  are  legal  if  inter- 
preted according  to  the  intention  of  the  princes  who  swore 
them.  They  meant  that  if  they  elected  him  emperor,  he  was 
not  to  rule  immediately,  but  later  when  he  came  of  age.  But 
how  then  could  they  judge  of  his  fitness  to  rule?  Might  he 
not  turn  out  to  be  so  foolish  and  simple  as  to  be  utterly  un- 
worthy even  less  honor  ?  Suppose  that  they  meant  he  should 
rule  only  when  he  was  fitted  to,  and  that  in  the  meantime  his 
father  should  govern  the  state.  But  later  an  event  occurred 
which  the  princes  had  not  thought  of,  and  which  made  it 
neither  right  nor  possible  for  the  princes  to  keep  their  oaths ; 
that  .is,  the  sudden  death  of  the  father.  Now  since  the 
empire  cannot  be  governed  by  a  deputy,  and  an  emperor 
cannot  be  elected  for  a  temporary  term,  and  since  the  church 
neither  wishes  nor  is  able  to  do  without  an  emperor,  it  is 
lawful  to  elect  some  one  else.  It  is  not  fitting  that  he  should 
rule.  For  how  can  he  rule  who  is  himself  under  the  rule  of 
others?  How  can  he  protect  the  Christian  people  who  is 
himself  under  the  tutelage  of  others?  It  is  no  sufficient 
answer  to  this  to  say  that  it  was  to  our  guardianship  that  he 
was  intrusted,  because  this  was  done  not  that  we  might  give 
him  the  empire,  but  that  we  might  hold  the  kingdom  of  Sicily 
for  him.  The  Scripture  says :  "Woe  to  thee,  oh  land,  when 
thy  king  is  a  child,  and  thy  princes  eat  in  the  morning"  [Ec- 
cles.  10:16].  It  is  not  expedient  that  he  should  become  em- 
peror, because  thereby  the  kingdom  of  Sicily  would  be  united 
with  the  empire  to  the  danger  of  the  church;  for,  to  say 
nothing  of  other  dangers,  he  would,  like  his  father  before 
him,  be  unwilling  to  prejudice  the  dignity  of  the  empire  by 
taking  the  oaths  of  fidelity  and  homage  to  the  pope  for  the 


No.  130]       EMPIRE  AND  PAPACY,  1073-1250  223 

kingdom  of  Sicily.  And  it  is  no  answer  to  this  to  say  that 
he  would  later  oppose  the  church  if  we  deprived  him  of  the 
empire,  for  it  is  not  we  who  are  depriving  him  of  his  empire, 
but  his  uncle  [Philip]  who  has  attempted  to  seize  not  only 
the  empire,  but  his  maternal  possessions  as  well,  while  we 
have  been  defending  them  for  him  at  great  expense  and  with 
great  labor. 

As  to  Philip,  it  does  not  seem  lawful  to  oppose  his  election. 
In  deciding  the  legality  of  elections,  account  has  to  be  taken 
of  the  zeal,  the  rank,  and  the  number  of  the  electors.  It  is 
not  easy  to  determine  the  zeal,  but,  in  respect  to  the  other 
considerations,  it  is  clear  that  Philip  was  elected  by  many 
princes  of  high  rank,  and  that  many  others  have  since  given 
him  their  support.  Therefore  his  election  seems  to  be  legal, 
and  not  to  be  opposed.  It  would  seem  also  that  it  is  not 
proper  for  us  to  oppose  his  election,  for  we  would  appear 
thereby  to  be  taking  revenge  for  our  injuries,  if,  because  his 
father  [Frederick  I]  and  his  brother  [Henry  VI]  persecuted 
the  church,  we  should  persecute  him  and  visit  upon  him  the 
punishment  incurred  by  the  sins  of  others ;  whereas  our  Lord 
has  said :  "Love  your  enemies,  bless  them  that  curse  you,  do 
good  to  them  that  hate  you,  and  pray  for  them  which  despite- 
fully  use  you"  [Matt.  5:44].  It  would  seem  also  not  to  be 
expedient  to  oppose  his  election.  To  oppose  a  man  so  strong 
in  wealth  and  supporters  is  like  battling  with  the  torrent  with 
the  bare  arms.  We  would  only  make  an  enemy  of  him  and 
create  even  greater  strife  in  the  church.  We  ought  rather  to 
seek  peace  and  pursue  it,  which  we  could  do  by  supporting 
him.  But  on  the  other  hand  it  seems  lawful  to  oppose  his 
election,  for  he  was  excommunicated  lawfully  and  in  solemn 
form  by  our  predecessor.  Lawfully,  because  he  had  seized  the 
lands  of  St.  Peter  [Tuscany],  and  ravaged  and  burned  them, 
refusing  to  make  satisfaction  after  being  warned  to  do  so 
once  and  again  by  our  brothers;  in  solemn  form,  for  it  was 
done  at  mass  in  the  church  of  St.  Peter  on  a  great  feast-day, 


224    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

and  he  himself  recognized  the  validity  of  the  excommunica- 
tion by  sending  a  messenger  to  us  to  beseech  absolution,  and 
by  having  himself  absolved  later  after  his  election,  by  our 
legate,  although  contrary  to  our  commands.  So  it  is  evident 
that  he  was  elected  while  under  sentence  of  excommunication, 
and  some  believe  that  he  is  not  yet  released  from  it.  For  in 
giving  him  absolution,  the  former  bishop  of  Sutri  did  not 
observe  the  conditions  laid  down  by  us ;  namely,  that  Philip 
should  first  release  the  archbishop  of  Salerno  from  captivity, 
and  should  then  be  freed  from  the  necessity  of  coming  to 
Rome  for  absolution  if  he  would  take  oath  publicly  to  obey 
us  in  respect  to  the  deeds  for  which  he  had  been  excommuni- 
cated, and  then  only  should  be  given  absolution.  But 
the  bishop  of  Sutri  attempted  to  absolve  him  secretly  while 
the  said  archbishop  was  still  a  prisoner,  and  without  requir- 
ing any  oath  at  all;  for  which  disobedience  he  was  deprived 
of  his  bishopric  by  us  and  ended  his  days  in  a  monastery. 
Moreover,  since  we  have  frequently  excommunicated  Mark- 
wald  and  all  other  German  and  Italian  supporters  of  Philip, 
Philip  himself,  the  author  of  their  sins,  is  surely  subject  to 
the  same  sentence.  Moreover,  it  is  notorious  that  he  swore 
fidelity  to  the  youth  [Frederick],  and  yet  has  seized  his  king- 
dom and  tried  to  seize  the  empire;  therefore  he  is  guilty  of 
perjury.  It  is  objected  that  we  have  already  declared  such 
oath  to  be  illegal,  and  that  he  is  not  guilty  of  perjury  in  not 
keeping  it,  because  we  have  said  it  ought  not  to  be  kept.  But 
even  if  the  oath  was  unlawful,  he  should  not  have  broken  it 
on  his  own  authority,  but  should  first  have  consulted  us,  after 
the  example  of  the  children  of  Israel,  in  the  case  of  the  oath 
which  they  swore  to  Gibeon ;  for  although  the  oath  had  been 
won  from  them  by  fraud  they  did  not  break  it  of  their  own 
accord,  but  decided  to  consult  the  Lord.  Moreover  since 
whatever  is  done  against  the  conscience  leads  to  hell  (accord- 
ing to  the  words  of  the  apostle:  "Whatsoever  is  not  of 
faith  is  sin"  [Rom.  14:23]),  and  since  Philip  excuses  him- 


No.  130]       EMPIRE  AND  PAPACY,  1073-1250  225 

self  in  this  matter  by  saying  that  he  would  not  have  taken 
the  kingdom  if  he  had  not  known  that  otherwise  some  other 
persons  would  have  seized  it,  it  is  clear  that  he  believed  he 
ought  to  have  kept  the  oath,  and  that  in  violating  it  he  went 
against  his  own  conscience.  So  it  seems  that  we  ought  to 
oppose  him  and  resist  his  attempt  to  hold  the  empire,  since 
he  is  legally  under  excommunication  and  is  guilty  of  perjury. 
It  appears  also  that  we  may  properly  oppose  his  election,  for 
by  his  succession,  brother  will  be  succeeding  brother,  just  as 
formerly  son  succeeded  father  when  Frederick  handed  on  the 
crown  to  his  son  [Henry  VI]  and  Henry  tried  to  do  the  same 
for  his  son  [Frederick  II] ;  and  thus  the  empire  tends  to 
become  hereditary,  the  abuse  becoming  law  by  long  custom. 
Also  it  appears  expedient  to  oppose  him,  for  he  is  a  perse- 
cutor, and  of  a  race  of  persecutors,  and  if  we  do  not  oppose 
him  now  we  shall  be  arming  our  enemy  against  ourselves. 

As  for  Otto,  at  first  it  does  not  seem  lawful  to  favor  him, 
because  he  was  elected  by  only  a  few  electors;  it  does  not 
seem  fitting,  because  we  should  have  the  apearance  of  sup- 
porting him  out  of  hate  to  another ;  it  does  not  seem  expedi- 
ent, because  in  comparison  to  the  other  his  party  is  small 
and  weak.  But  there  are  better  reasons  on  the  other  side. 
In  the  first  place,  the  rank  of  the  electors  and  the  fitness  of 
the  candidate  must  be  considered,  as  well  as  the  number  of 
electors;  and  Otto  was  elected  by  as  many  or  more  of  those 
princes  that  have  the  best  right  to  elect  the  emperor,  and  is 
himself  much  better  fitted  to  rule  than  is  Philip.  Then 
again  the  Lord  visits  the  iniquity  of  the  fathers  upon  the 
children  unto  the  third  and  fourth  generation  of  them  that 
hate  him;  that  is,  upon  those  that  continue  in  the  evil  way 
of  their  fathers,  and  Philip  has  certainly  persisted  in  the 
wicked  persecution  of  the  church  which  his  father  began. 
Finally,  although  we  ought  not  to  return  evil  for  evil,  but 
ought  rather  to  bless  them  that  curse  us,  yet  we  should  not 
return  good  for  injury  to  those  who  persist  in  their  wicked- 


226    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

ness  or  put  weapons  in  the  hands  of  those  who  rage  against 
us,  for  God  himself  exalted  the  lowly  to  overthrow  the 
mighty.  Therefore  it  is  lawful,  proper,  and  expedient  for 
the  pope  to  favor  the  election  of  Otto. 

Far  be  it  from  us  that  we  should  defer  to  man  rather  than 
to  God,  or  that  we  should  fear  the  countenance  of  the  power- 
ful, since,  according  to  the  apostle,  we  should  abstain  not 
only  from  evil,  but  also  from  all  appearance  of  evil  [1  Thess. 
5  :22] .  For  it  is  written :  "Cursed  be  the  man  that  trusteth 
in  man,  and  maketh  flesh  his  arm"  [Jer.  17:5].  On  the 
foregoing  grounds,  then,  we  decide  that  the  youth  should  not 
at  present  be  given  the  empire;  we  utterly  reject  Philip  for 
his  manifest  unfitness,  and  we  order  his  usurpation  to  be 
resisted  by  all.  As  to  the  rest,  we  have  commanded  our 
legate  to  persuade  the  princes  either  to  choose  some  suitable 
person  or  to  refer  the  matter  to  us  for  final  decision.  If  they 
cannot  come  to  a  decision,  since  we  have  waited  long,  have 
frequently  urged  them  to  agree,  have  instructed  them  as  to 
our  desires  by  letters  and  legates  [we  shall  take  the  matter 
into  our  own  hands],  that  we  may  not  seem  to  foster  discord, 
and  that  we  may  say  with  Hezekiah:  "There  shall  be  peace 
and  truth  in  my  days"  [Is.  39:8],  and  that  we  may  not  be 
forced,  like  Peter,  to  deny  the  truth,  which  is  Christ,  by  fol- 
lowing afar  off,  to  see  the  end  [Matt.  26:58].  But  since  the 
affair  will  not  brook  delay,  and  since  Otto  is  not  only  himself 
devoted  to  the  church,  but  comes  from  devout  ancestors  on 
both  sides  (on  his  mother's  side  from  the  kings  of  England, 
and  on  his  father's  from  the  dukes  of  Saxony,  all  of  whom 
were  faithful  servants  of  the  holy  see,  especially  his  great- 
grandfather the  emperor  Lothar,  who  twice  came  down  to 
Apulia  on  behalf  of  the  papacy  and  died  in  the  service  of  the 
Eoman  church),  therefore  we  decree  that  he  [Otto]  ought  to 
be  accepted  and  supported  as  king,  and  ought  to  be  given  the 
crown  of  the  empire,  after  the  rights  of  the  Roman  church 
have  been  secured. 


No.  131]       EMPIRE  AND  PAPACY,  1073-1250  227 

131.  TREATY  BETWEEN  PHILIP,  KING  OF  GERMANY,  AND 
PHILIP  II,  KING  OP  FRANCE,  1198. 

M.  G.  LL.  4to,  IV,  2,  no.  1. 

About  1200  Europe  was  divided  into  two  hostile  camps,  as  is 
apparent  from  this  and  the  following  number.  They  also  show  the 
parties  to  this  struggle  which  culminated  in  the  battle  of  Bouvines, 
1214. 

Philip,  by  the  grace  of  God,  king  of  the  Romans,  Augustus. 
Let  all  men  know  that  because  of  the  love  which  existed 
between  our  father,  Frederick  [I]  and  our  brother,  Henry 
[VI],  emperors  of  the  Romans,  and  Philip,  king  of  France, 
and  for  the  sake  of  peace,  and  for  the  public  good,  we  have 
made  the  following  peace  with  the  said 'Philip,  king  of 
France. 

(1)  We  will  aid  him  especially  against  Richard,  king  of 
England,  and  his  nephew,  Otto  [IV],  and  Baldwin  of  Flan- 
ders, and  Adolf,  archbishop  of  Cologne,  and  against  all  his 
other  enemies.     We  will  aid  him  in  good  faith  and  without 
treachery,  whenever  the  opportunity  is  offered,  if  it  is  not 
against  our  honor. 

(2)  If  any  of  our  subjects  wrongs  him,  or  his  kingdom, 
we  will  warn  him  to  make  reparation  within  forty  days  after 
we  hear  of  it.     If  we  are  in  Italy,  the  bishop  of  Metz  shall 
warn  him.    If  he  does  not  make  good  the  damage  which  he 
has  inflicted  on  the  king  or  his  realm  within  the  forty  days, 
the  said  king  may  take  vengeance  on  him  and  we  will  aid 
him  to  do  so, 

(3)  We  will  not  keep  in  our  realm  any  vassal,  whether  lay 
or  cleric,  of  the  king  of  France,  contrary  to  the  will  of  the 
said  king. 

(4)  The  said  king,  whenever  he  wishes,  may  take  vengeance 
on  the  count  of  Flanders,  by  attacking  the  lands  of  the  said 
count  which  he  holds  in  the  empire,  whether  they  are  fiefs 
or  allodial  lands. 

(5)  We  promise  in  good  faith  that,  if  we  learn  that  anyone 


228    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

is  trying  to  injure  the  king  of  France  or  his  realm,  we  will 
try  to  prevent  him  from  doing  so.  If  we  cannot,  we  will 
inform  the  king  of  France  about  it.  ... 

132.  ALLIANCE  BETWEEN  OTTO  IV  AND  JOHN  OF  ENG- 
LAND, 1202. 

M.  G.  LL.  4to,  IV,  2,  no.  25. 

See  introductory  note  to  no.  131. 

John,  by  the  grace  of  God  king  of  England,  lord  of  Ire- 
land, duke  of  Normandy  and  Aquitaine,  count  of  Anjou,  etc. 
.  .  .  We  wish  all  to  know  that,  in  the  name  of  the  Lord 
Jesus  Christ,  we  have  made  a  league  with  our  beloved 
nephew,  Otto,  by  the  grace  of  God  illustrious  king  of  the 
Romans,  Augustus,  for  the  purpose  of  guarding  and  defend- 
ing his  empire  and  his  rights,  and  of  giving  him  faithful 
counsel  and  aid  in  maintaining  his  rights.  By  this  league 
all  quarrels  and  differences  which  existed  between  us  have 
been  settled  and  we  have  mutually  pardoned  each  other.  .  .  . 

133.  CONCESSIONS  OF  PHILIP  OF  SUABIA  TO  INNOCENT 
III,  1203. 

Migne,  217,  col.  295  ff ;  M.  G.  LL.  folio,  II,  p.  208. 

In  the  beginning  of  the  war  between  Philip  of  Suabia  and  Otto  IV, 
it  seemed  that  Philip  would  easily  be  the  victor.  But  things  began 
to  go  against  him  and  toward  the  end  of  1202,  he  secretly  sent  mes- 
sengers to  the  pope  to  see  what  terms  he  could  secure.  Innocent  was 
at  least  willing  to  negotiate  and  sent  Martin  to  him  to  discuss  the 
situation.  In  the  presence  of  Martin  Philip  drew  up  the  concessions 
which  he  was  willing  to  make.  These  concessions  were  not  sufficient 
for  Innocent,  and,  besides,  Otto  IV  began  to  have  greater  success  in 
the  field  against  Philip.  So  Innocent  repudiated  what  Martin  had 
done  and  gave  his  support  to  Otto  again.  But  the  success  of  Otto 
was  brief.  In  1204-5,  Philip  began  to  prevail  over  Otto,  who  soon 
found  himself  without  support.  Then  Innocent,  deserting  Otto  for 
his  more  successful  rival,  renewed  the  negotiations  with  Philip.  In 
1208  they  agreed  to  a  treaty,  but  its  terms  were  not  made  public, 


No.  133]       EMPIRE  AND  PAPACY,  1073-1250  229 

and  the  negotiations  were  not  entirely  completed  when  Philip  was 
murdered. 

I,  Philip,  king  of  the  Romans,  Augustus,  etc.  Before 
Martin,  Camaldolensian  prior,  and  brother  Otto,  monk  of 
Salem,  came  to  me  to  negotiate  about  making  peace  with  the 
church,  I  had  already  vowed  to  God  and  to  his  saints  to  go 
across  the  sea  to  liberate  the  land  of  promise  from  the  cruelty 
of  the  Gentiles  [Turks] ;  and  again  after  they  came  and  told 
me  of  the  peace  negotiations  and  of  the  concessions  which 
the  pope  was  willing  to  make,  I  vowed  and  promised  to  God 
and  to  his  saints  and  to  the  said  prior  and  brother,  repre- 
sentatives of  the  pope,  that,  at  a  suitable  time,  in  good  faith 
and  without  fraud,  I  would  go  on  a  crusade,  to  the  support 
of  the  church  and  of  the  empire,  and  do  all  I  could  to 
liberate  the  said  land.  The  following  persons  were  witnesses 
of  my  vow:  Diethelm,  bishop  of  Constance,  etc.  Besides,  I 
promised  that  I  would  do  all  the  following  things:  I  will 
restore  to  all  churches  all  the  possessions  which  my  predeces- 
sors, or  I,  have  unjustly  seized  or  held,  and  I  will  no  longer 
disturb  them  in  their  possessions.  I  will  cease  from  all  the 
abuses  which  my  predecessors  have  practised  toward  the 
church,  as  for  example,  when  a  bishop  or  abbot  dies,  I  will 
not  seize  his  possessions  [spolia].  I  will  permit  the  elec- 
tions of  bishops  and  other  prelates  to  take  place  in  a  canonical 
way,  and  I  surrender  control  in  spiritual  matters  to  the  pope. 
With  the  help  of  the  pope  I  will  endeavor,  as  far  as  my 
imperial  office  will  permit,  to  subject  all  independent  monas- 
teries to  some  one  of  the  regular  orders,  such  as  the  Cister- 
cian, Camaldolensian,  or  Premonstratensian.  And  I  will  try 
to  compel  the  clergy  as  well  as  the  monks  to  lead  a  decorous 
life,  such  as  is  becoming  to  their  profession.  As  far  as  I 
can,  I  will  compel  advocates  and  patrons  of  churches  to  cease 
from  oppressing  the  churches  with  exactions,  such  as  angaries 
and  parangaria.1  If  God  shall  subject  the  empire  of  the 
Greeks  to  me  or  to  my  brother-in-law,  I  will  subject  the  Greek 


230    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

church  to  the  Boman  church.  I  will  always  be  a  faithful  and 
devoted  son  and  defender  of  the  Roman  church.  I  will  make 
a  general  law  and  cause  it  to  be  observed  always  and  every- 
where in  my  empire  that  whoever  shall  be  excommunicated  by 
the  pope  shall  be  under  the  ban  of  the  empire.  Furthermore, 
in  order  that  this  league  of  peace  and  friendship  between  the 
pope  and  me  may  be  observed  forever,  and  that  all  grounds 
for  suspicion  may  be  removed,  and  that  he  may  always  be 
to  me  a  most  gracious  father  and  I  a  most  faithful  son  to 
him,  I  will  give  my  daughter  to  his  nephew  in  marriage,  and 
any  other  members  of  my  family,  male  or  female,  I  will  cause 
to  be  joined  in  marriage  to  members  of  his  family,  as  the 
pope  may  desire.  I  will  make  full  satisfaction  to  God  and 
to  the  church  for  all  my  offences,  as  the  pope  may  command. 
These  things  were  done  in  the  presence  of  the  bishop  of  Con- 
stance, etc. 

i  See  no.  103,  note  2. 

134.     PROMISE  OF  FREDERICK  II  TO  INNOCENT  III,  1213. 

Migne,  217,  cols.  301  ff. 

The  powerful  personality  of  Innocent  III  impressed  itself  deeply 
on  the  young  king,  Frederick  II.  The  boy  was  truly  devoted  to 
Innocent,  who  was  his  guardian,  and  was  willing  to  do  whatever  the 
pope  required  of  him.  In  1213  he  wrote  the  following  letter  to 
Innocent  in  which  he  concedes  practically  everything  for  which  the 
popes  had  been  struggling.  If  the  emperor  had  kept  these  promises, 
there  would  have  been  no  further  contest  between  the  papacy  and 
the  empire.  But  as  he  grew  older,  and  became  conscious  of  his 
position,  and  learned  what  the  imperial  claims  were,  he  gradually 
reasserted  them  and  so  renewed  the  conflict  which  ended  in  the 
destruction  of  his  family. 

In  the  name  of  the  holy  and  undivided  Trinity.  Frederick 
II,  etc.  ...  To  you,  most  holy  father,  and  to  all  your 
successors,  and  to  the  holy  Roman  church,  who  has  been  a 
true  mother  to  us,  with  a  humble  heart  and  devout  spirit  we 
will  always  show  all  obedience,  honor,  and  reverence,  such 


No.  134]       EMPIRE  AND  PAPACY,  1073-1250  231 

as  our  ancestors,  catholic  kings  and  emperors,  have  shown 
your  predecessors.  And  in  order  that  our  devotion  to  you 
may  be  shown  to  be  greater  than  theirs  we  will  pay  you 
greater  obedience,  honor,  and  reverence  than  they  did.  Wish- 
ing therefore  to  abolish  that  abuse  which  some  of  our  prede- 
cessors are  said  to  have  practised,  we  grant  that  the  election 
of  bishops  may  be  free  and  canonical,  so  that  he  whom  the 
whole  chapter,  or  the  majority  of  it,  may  elect  may  be  estab- 
lished over  the  vacant  church,  provided  there  is  nothing  in  the 
canon  law  against  his  election.  Appeals  in  all  ecclesiastical 
matters  may  freely  be  made  to  Rome,  and  no  one  shall  at- 
tempt to  interfere  with  them.  We  also  will  cease  from  that 
abuse  which  our  predecessors  practised,  and  will  no  longer 
seize  the  property  [spolia]  of  deceased  bishops  or  of  vacant 
churches.  Jurisdiction  in  all  spiritual  matters  we  yield  to  you 
and  the  other  bishops,  that  those  things  which  are  Caesar's  may 
be  rendered  to  Caesar,  and  those  which  are  God's  to  God. 
Moreover  we  will  give  our  best  help  and  aid  in  the  destruction 
of  heresy.  We  grant  to  the  Roman  church  the  free  and  undis- 
turbed possession  of  all  those  lands  which  she  has  recovered 
from  our  predecessors  who  had  despoiled  her  of  them.  If 
there  are  any  such  lands  which  she  has  not  yet  succeeded 
in  recovering,  we  will,  with  all  our  strength,  aid  her  to 
recover  them;  and  if  any  of  them  shall  fall  into  our  hands 
we  will  freely  restore  them  to  her.  In  this  we  understand 
that  the  following  lands  are  included:  All  the  land  from 
Radicofano  to  Ceperano,  the  march  of  Ancona,  the  duchy  of 
Spoleto,  the  land  of  the  countess  Matilda,  the  county  of 
Bertinoro,  the  exarchate  of  Ravenna,  the  Pentapolis,  with 
the  other  lands  lying  adjacent  to  them,  as  described  in  many 
documents  given  by  kings  and  emperors  from  the  time  of 
Ludwig,  in  which  it  is  said  that  these  lands  shall  belong 
forever  to  the  jurisdiction  and  control  of  the  Roman  church. 
And  whenever  we  shall  be  called  by  the  pope  to  come  and 
receive  the  imperial  crown  or  to  render  any  service  to  the 


232    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

church,  we  will  receive  from  them  fodrum  and  other  enter- 
tainment only  as  the  pope  shall  give  his  consent.  As  a  de- 
voted son  and  catholic  prince  we  will  aid  the  Eoman  Catholic 
church  to  keep  and  defend  the  kingdom  of  Sicily  and  all 
other  rights  which  she  possesses.  .  .  . 

135.  PROMISE  OF  FREDERICK  II  TO  RESIGN  SICILY  AFTER 
HIS  CORONATION  AS  EMPEROR,  1216. 

Migne,  217,  cols.  305  f ;  M.  G.  LL.  folio,  II,  pp.  228  f ;  Bohmer-Ficker,  no.  866; 
Doeberl,  V,  no.  13  b. 

The  pope  had  with  difficulty  succeeded  in  maintaining  his  owner- 
ship of  Sicily.  Now  a  new  danger  was  threatening.  He  feared  that, 
if  Sicily  should  be  held  by  the  emperor,  it  would  lead  to  the  revival 
of  the  imperial  claims  to  Sicily.  In  order  to  prevent  this  he  per- 
suaded Frederick  II  to  promise  that  as  soon  as  he  should  be  crowned 
emperor  he  would  resign  Sicily  to  his  little  son,  Henry. 

To  his  most  holy  father  in  Christ,  Innocent,  bishop  of  the 
holy  Roman  church,  Frederick,  by  the  grace  of  God  and  of 
Innocent  king  of  the  Romans,  Augustus,  and  king  of  Sicily, 
offers  due  obedience  in  all  things,  and  reverence  with  filial 
subjection. 

Desiring  to  provide  for  the  welfare  of  both  the  Roman 
church  and  the  kingdom  of  Sicily,  we  firmly  promise  that  as 
soon  as  we  shall  be  crowned  emperor  we  will  release  from 
our  paternal  authority  our  son  Henry,  whom  we,  at  your 
command,  have  had  crowned  king  [of  Sicily],  and  we  will 
entirely  relinquish  all  the  kingdom  of  Sicily  on  both  sides 
of  the  strait  [of  Messina]  to  be  held  by  him  from  the  Roman 
church  alone,  just  as  we  have  held  it  from  her.  From  that 
time  we  will  neither  regard  nor  call  ourselves  king  of  Sicily, 
but  until  our  son  becomes  of  age  we  will  have  the  kingdom 
ruled  by  some  suitable  person  who  shall  in  all  respects  be 
subject  to  the  Roman  church,  because  the  government  of  that 
kingdom  is  known  to  belong  to  her.  We  promise  to  do  this 
because,  jf  we  should  become  emperor  and  at  the  same  time 


No.  136]       EMPIRE  AND  PAPACY,  1073-1250  233 

be  king  of  Sicily,  it  might  be  inferred  that  the  kingdom  of 
Sicily  belonged  to  the  empire.  And  such  an  inference  would 
do  injury  to  the  Roman  church  as  well  as  to  our  heirs.  In 
order  that  this  our  promise  may  be  carried  into  effect  we  have 
caused  a  golden  seal  to  be  affixed  to  this  document. 

136.  CONCESSIONS  OF  FREDERICK  II  TO  THE  ECCLESIAS- 
TICAL PRINCES  OF  GERMANY,  1220. 

M.  G.  LL.  folio,  II,  pp.  236  f ;  Bohmer-Ficker,  no.  114;  Doeberl,  V,  no.  14. 

Frederick  II  had  agreed  that  Sicily  and  Germany  should  never  be 
held  by  the  same  person,  but  in  1220  he  was  scheming  to  have  his 
son  Henry  [VII]  elected  and  crowned  king  of  Germany.  Now  Henry 
[VII]  was  already  king  of  Sicily.  If  he  were  to  be  elected  king  of 
Germany,  he  would,  in  accordance  with  his  father's  oath,  be  com- 
pelled to  resign  the  crown  of  Sicily.  But  this  Frederick  did  not 
intend  that  he  should  do.  Frederick's  pretext  for  having  his  son 
made  king  of  Germany  was  that  he  could  not  go  on  a  crusade  with- 
out leaving  his  son  as  king  to  care  for  the  government  of  Germany 
in  his  absence.  His  real  purpose  was  to  evade  his  oath  to  the  pope 
and  secure  both  crowns  in  the  possession  of  his  family.  In  spite  of 
the  protests  of  the  pope  Frederick  secured  the  election  and  corona- 
tion of  his  son.  He  bought  the  aid  of  the  German  clergy  by  granting 
them  large  regalian  rights.  These  concessions  which  he  made  to  the 
clergy  bought  their  support  for  the  moment  and  made  it  impossible 
for  the  pope  to  proceed  to  extreme  measures  against  him  for  having 
his  son  crowned  king  of  Germany,  contrary  to  his  oath.  The  policy 
which  Frederick  followed  here  was  ruinous  to  the  German  crown. 
He  made  of  each  ecclesiastical  prince  a  little  king  in  fact,  though 
not  in  name,  thus  stripping  the  crown  of  its  rights  and  powers. 
For  the  logical  and  ruinous  effects  of  this  policy  on  the  royal  power, 
see  the  Golden  Bull,  no.  160. 

In  the  name  of  the  holy  and  undivided  Trinity.  Frederick 
II,  by  the  grace  of  God  king  of  the  Romans,  Augustus,  and 
king  of  Sicily. 

We  bear  in  grateful  remembrance  the  fidelity  of  the  ecclesi- 
astical princes  to  us,  and  their  help  in  raising  us  to  the  em- 
pire, and  supporting  us  in  that  station,  and  in  electing  our 
son  Henry  as  king,  and  we  propose  to  promote  their  interests 


234    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

as  they  have  promoted  ours,  and  to  support  them  as  they  have 
supported  us. 

Therefore  since  certain  injurious  customs,  or  rather  abuses, 
have  grown  up  during  the  long  conflicts  of  the  empire  (which 
now  by  the  favor  of  God  have  ceased),  in  the  way  of  new 
tolls,  the  minting  of  coins  which  led  to  confusion  by  their 
similarity  to  existing  coins,  private  wars  of  advocates,  end 
other  evils  without  number,  we  now  remove  these  abuse?  bf 
the  following  decrees : 

1.  We  promise  that  we  will  never  henceforth  lay  claim 
to  the  personal  property  of  a  prelate  at  his  death  [the  righi 
to  the  spolia],  but  that,  if  a  prelate  dies  intestate,  his  posses- 
sions shall  go  to  his  successors,  and  that  no  layman  shall  lay 
claim  to  them  on  any  pretext  whatsoever.     If  the  prelate 
made  a  will  it  shall  be  valid  in  the  law. 

2.  We  will  never  grant  any  new  tolls  or  new  mints  within 
the  territory  or  jurisdiction  of  any  one  of  the  princes  except 
by  his  consent  and  desire.    We  will  preserve  and  defend  the 
ancient  tolls  and  mints  which  have  been  granted  to  their 
churches,  neither  infringing  these  rights  ourselves  nor  per- 
mitting anyone  else  to  do  so.     We  forbid  anyone  to  cheapen 
or  confuse  the  coinage  of  the  princes  by  making  coins  of 
similar  appearance. 

3.  We  will  never  admit  to  citizenship  in  our  cities  the 
subjects  of  any  of  the  ecclesiastical  princes,  who  have  left  the 
services  of  their  lord  for  any  cause.    We  desire  that  the  same 
consideration  be  shown  by  the  ecclesiastical  princes  to  one 
another,  and  by  the  lay  princes  to  the  ecclesiastics. 

4.  We  forbid  advocates  to  injure  the  property  of  churches 
committed  to  their  care.     If  they  do  so  they  shall  restore  the 
damage  twofold,  and  pay  100  marks  of  silver  to  the  royal 
treasury  as  a  fine. 

5.  If  the  vassal  of  any  of  the  ecclesiastical  princes  has 
been  convicted  of  offence  against  his  lord  by  feudal  law  and 
has  been  ejected  from  his  fief,  we  will  protect  the  lord  in  his 


No.  136]       EMPIRE  AND  PAPACY,  1073-1250  235 

retention  of  the  fief,  and  if  he  wishes  to  give  the  fief  to  us 
we  will  accept  it  without  regard  to  the  love  or  hate  of  anyone. 
If  the  fief  of  an  ecclesiastical  lord  has  become  vacant  by  the 
above  process  or  by  the  death  of  the  holder,  we  will  never  lay 
claim  to  it  unless  it  is  given  to  us  by  the  will  and  desire  of 
the  lord,  and  we  will  defend  him  in  his  possession  of  it. 

6.  If  any  of  the  ecclesiastical  princes  has  excommunicated 
anyone  and  has  notified  us  of  this  by  word  of  mouth  or  letter 
or  by  reliable  messengers,  we  will  refuse  to  have  any  dealings 
with  the  excommunicated  person.     Such  a  person  shall  be 
deprived  of  his  rights  before  the  law,  this  deprivation  not 
freeing  him  from  the  obligation  of  answering  the  accusations 
against  him,  but  destroying  his  right  to  bear  testimony  or 
give  judgment,  or  to  bring  suit  against  others. 

7.  And  since  the  secular  sword  is  intended  to  support  the 
spiritual  sword,  we  declare  that  our  ban  shall  follow  upon  the 
excommunication  pronounced  by  an  ecclesiastical  prince,  if 
the  excommunicated  person  is  not  absolved  within  six  weeks ; 
the  ban  of  the  empire  shall  not  be  revoked  until  the  excom- 
munication is  withdrawn. 

8.  We  have  promised  also  to   support  and  defend  the 
princes  by  our  authority  in  all  cases,  and  they  have  promised 
on  their  faith  to  aid  us  to  the  best  of  their  ability  against  any 
man  who  resists  our  authority. 

9.  We  decree  also  that  no  buildings,  castles,  or  cities  shall 
be  erected  upon  ecclesiastical  lands   through  the   interests 
of  the  advocate  or  through  any  other  pretext.     If  such  are 
erected  without  the  consent  of  those  to  whom  the  lands  belong 
they  shall  be  destroyed  by  the  royal  authority. 

10.  Following   the    example   of   our    ancestor,    the   em- 
peror Frederick  of  blessed  memory,  we  forbid  any  of  our 
officials  to  claim  jurisdiction  in  the  matter  of  tolls,  mints, 
or  other  rights,  in  .any  of  the  cities  of  the  ecclesiastical 
princes,  except  during  the  time  of  the  public  diet  and  eight 
days  before  and  eight  days  after.     During  that  time  the  offi- 


236    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

cials  of  the  emperor  shall  exercise  jurisdiction  in  accordance 
with  the  customs  of  the  city  and  the  laws  established  by  its 
prince.  If  we  come  into  any  of  their  cities  at  any  other  time, 
we  will  not  exercise  any  rights  in  it,  but  the  authority  of  the 
prince  or  the  lord  of  the  city  shall  continue  unimpaired. 

11.  Finally,  since  the  acts  of  men  are  wont  to  sink  into 
oblivion  through  the  lapse  of  time,  we  hereby  decree  that 
these  benefits  and  privileges  shall  be  perpetually  granted  to 
the  churches,  and  that  our  successors  shall  preserve  them  and 
enforce  them  on  behalf  of  the  church.  .  .  . 

137.  DECISION  OF  THE  DIET  CONCERNING  THE  GRANTING 
OF  NEW  TOLLS  AND  MINTS,  1220. 

M.  G.  LL.  folio,  II,  p.  237;  Bohmer-Ficker.  no.  1118;  Doeberl,  V,  p.  150. 

The  ecclesiastical  princes  promptly  demanded  that  the  emperor's 
concessions  to  them  (no.  136)  be  put  into  force.  To  illustrate  the 
effect  of  his  grant,  we  give  two  documents,  one  in  response  to  com- 
plaints about  some  new  tolls  established  by  the  count  of  Gelder,  the 
other  to  the  patriarch  of  Aquileia  who  had  presented  a  long  list  of 
grievances  for  redress.  Frederick  revoked  the  charter  which  he  had 
given  the  count  of  Gelder  and  gave  the  patriarch  a  charter  confirm- 
ing him  in  the  possession  of  many  regalian  rights  (no.  138).  This 
latter  document  shows  that  the  patriarch  was  in  the  possession  of 
a  high  degree  of  sovereignty.  It  also  throws  light  on  the  movement 
in  the  cities,  which  were  throwing  off  the  rule  of  their  lords  and 
establishing  local  self-government  (see  section  X). 

Frederick,  etc.  We  wish  all  to  know  that  while  we  were 
holding  a  diet  at  Frankfort  the  following  decision  was  ren- 
dered with  the  consent  of  the  princes,  namely :  That  we  have 
not  the  right  to  empower  anyone  to  establish  new  tolls  or 
mints  to  the  damage  or  disadvantage  of  another.  Since  we 
have  heard  many  complaints  about  the  tolls  and  mint  which 
the  count  of  Gelder  has  established,  as  he  says,  with  our  per- 
mission, we  inform  you  all  that  we  do  not  grant  him  the 
permission  for  these  tolls  and  this  mint.  We  forbid  him  to 
interfere  in  any  way  with  the  tolls  at  Arnheim,  or  Oesterbeke, 


No.  138]       EMPIRE  AND  PAPACY,  1073-1250  237 

or  Lobith,  or  in  any  other  place  on  the  Rhine,  or  with  any 
mint.  We  do  this  regardless  of  the  fact  that  he  says  he  has 
our  permission,  and.  regardless  of  any  letters,  from  us  or  any 
of  our  predecessors,  which  he  may  have. 


138.  FREDERICK  II  GIVES  A  CHARTER  TO  THE  PATRIARCH 
OF  AQUILEIA,  1220. 

Bohmer-Ficker,  no.  1252;  Doeberl,  V,  pp.  150  S. 
See  introduction  to  no.  137. 

Frederick  II,  etc.  .  .  .  We  wish  all  to  know  that  in 
a  full  diet  a  decision  was  rendered  by  our  princes  that  (1) 
the  patriarch  of  Aquileia  has  the  authority  to  take  whatever 
action  he  wishes  in  regard  to  establishing  a  market  in  any 
of  the  cities,  towns,  villages,  and  in  all  other  places,  where 
he  has  jurisdiction.  (2)  He  may  put  under  the  ban  any  of 
his  subjects,  and  also  release  them  from  it.  (3)  The  cities, 
towns,  and  villages,  which  are  under  his  jurisdiction,  have 
no  right  to  elect  their  rulers,  or  consuls,  or  rectors,  contrary 
to  the  will  of  the  patriarch.  (4)  No  city,  commune,  or 
organization  of  any  kind,  whether  lay  or  cleric,  over  which 
the  said  patriarch  has  jurisdiction,  has  the  right  to  interfere 
with  the  bishopric  after  the  death  of  the  bishop,  or  with  any 
of  the  things  which  belong  to  the  bishopric.  (5)  No  one  has 
the  right  to  establish  new  tolls,  mints,  or  markets,  in  the 
lands  over  which  the  patriarch  has  jurisdiction,  without  his 
consent.  (6)  No  one  shall  build  mills  on  any  of  the  streams 
without  his  consent.  (7)  No  official  shall  confer  freedom 
on  anyone,  or  sell  or  alienate  any  vineyards,  fields,  meadows, 
roads,  or  anything  else  which  belongs  to  the  regalia,  without 
the  patriarch's  consent  (8)  The  Venetians  have  no  right 
to  levy  a  tax  on  the  lands  or  anything  else  belonging  to  the 
patriarch,  or  to  compel  his  vassals  to  take  an  oath  of  fidelity 
to  them.  (9)  No  one  under  the  jurisdiction  of  the  patriarch, 
whether  free,  vassal,  or  ministerial,  has  the  right  to  make  a 


238    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

league  or  alliance  without  the  consent  of  the  patriarch.  If 
any  such  league  is  made,  it  is  invalid  and  the  parties  to  it 
shall  be  proscribed.  (10)  No  one  has  the  right  to  establish 
new  cities,  towns,  or  markets,  on  land  which  is  under  the 
jurisdiction  of  the  patriarch,  without  his  consent. 

139.  STATUTE  OF  FREDERICK  II  IN  FAVOR  OF  THE 
PRINCES,  1231-2. 

M.  G.  LL.  folio,  II,  pp.  291  ff;  Bohmer-Ficker,  no.  1965;  Doeberl,  V,  no.  17. 

Henry  [VII],  being  a  mere  child  when  he  was  crowned,  was  under 
the  control  of  regents  until  1229,  when  he  began  to  rule  in  his  own 
name.  But  he  fell  under  the  influence  of  princes  who  persuaded  him 
to  grant  them  many  regalian  rights.  When  Frederick  II  came  into 
Germany,  1231,  the  princes  asked  him  to  confirm  the  grants  which 
his  son  had  made  them.  He  consented  to  do  so  and  the  following 
document  was  given  them.  Like  the  grant  to  the  ecclesiastical 
princes  in  1220,  it  diminished  the  rights  of  the  crown  and  increased 
the  independence  of  the  princes. 

In  the  name  of  the  holy  and  undivided  Trinity.  Frederick 
II,  by  divine  mercy  emperor  of  the  Romans,  Augustus,  king 
of  Jerusalem,  king  of  Sicily. 

(Introduction  stating  the  occasion  for  the  statute,  which  confirms 
the  grants  of  his  son  Henry.) 

1.  No  new  castles  or  cities  shall  be  erected  by  us  or  by 
anyone  else  to  the  prejudice  of  the  princes. 

2.  New  markets  shall  not  be  allowed  to  interfere  with  the 
interests  of  former  ones. 

3.  No  one  shall  be  compelled  to  attend  any  market  against 
his  will. 

4.  Travellers  shall  not  be  compelled  to  leave  the  old  high- 
ways, unless  they  desire  to  do  so. 

5.  We  will  not  exercise  jurisdiction  within  the  ban-mile 
of  our  cities. 

6.  Each  prince  shall  possess  and  exercise  in  peace  accord- 
ing to  the  customs  of  the  land  the  liberties,  jurisdiction,  and 


No.  139]       EMPIRE  AND  PAPACY,  1073-1250  239 

authority  over  counties  and  hundreds  which  are  in  his  own 
possession  or  are  held  as  fiefs  from  him. 

7.  Centgrafs  shall  receive  their  office  from  the  prince  or 
from  the  person  who  holds  the  land  as  a  fief. 

8.  The  location  of  the  hundred  court  shall  not  be  changed 
without  the  consent  of  the  lord. 

9.  No  nobleman  shall  be  amenable  to  the  hundred  court. 

10.  The    citizens    who    are   known    as    phalburgii    [i.e., 
persons  or  corporations  existing  outside  the  city,  but  pos- 
sessing political  rights  within  it]  shall  be  expelled  from  the 
cities. 

11.  Payments  of  wine,  money,  grain,  and  other  rents, 
which  free  peasants  have  formerly  agreed  to  pay    [to  the 
emperor],  are  hereby  remitted,  and  shall  not  be  .collected 
henceforth. 

12.  The^serfs  of  princes,  nobles,  ministerials,  and  churches 
shall  not  be  admitted  to  our  cities. 

13.  Lands  and  fiefs  of  princes,  nobles,  ministerials,  and 
churches,  which  have  been  seized  by  our  cities,  shall  be  re- 
stored and  shall  never  again  be  taken. 

14.  The  right  of  the  princes  to  furnish  safe-conduct  with- 
in the  lands  which  they  hold  as  fiefs  from  us  shall  not  be 
infringed  by  us  or  by  anyone  else. 

15.  Inhabitants  of  our  cities  shall  not  be  compelled  by 
our  judges  to  restore  any  possessions  which  they  may  have 
received  from  others  before  they  moved  there. 

16.  Notorious,  condemned,  and  proscribed  persons  shall 
not  be  admitted  to  our  cities;  if  they  have  been,  they  shall 
be  driven  out. 

17.  We  will  never  cause  any  money  to  be  coined  in  the 
land  of  any  of  the  princes  which  shall  be  injurious  to  his 
coinage. 

18.  The  jurisdiction  of  our  cities  shall  not  extend  beyond 
their  boundaries,  unless  we  possess  special  jurisdiction  in  the 
region. 


240    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

19.  In  our  cities  the  plaintiff  shall  bring  suit  in  the  court 
of  the  accused. 

20.  Lands  or  property  which  are  held  as  fiefs  shall  not 
be  pawned  without  the  consent  of  the  lord  from  whom  they 
are  held. 

21.  No  one  shall  be  compelled  to  aid  in  the  fortifying  of 
cities  unless  he  is  legally  bound  to  render  that  service. 

22.  Inhabitants  of  our  cities  who  hold  lands  outside  shall 
pay  to  their  lords  or  advocates  the  regular  dues  and  services, 
and  they  shall  not  be  burdened  with  unjust  exactions. 

23.  If  serfs,  freemen  subject  to  advocates,  of  vassals  of 
any  lord,  shall  dwell  within  any  of  our  cities,  they  shall  not 
be  prevented  by  our  officials  from  going  to  their  lords. 

t4o-i42.    TREATY  OF  SAN  GERMANO,  1230. 
'140.    THE  PRELIMINARY  AGREEMENT. 

Huillard-Br(«holles,  Hist.  Dipl.  Fred.  II,  III,  pp.  210 f;  Bohmer-Ficker,  no.  1799; 
Doeberl,  V,  no.  16  d. 

The  chief  cause  of  the  first  quarrel  between  Frederick  and  the  pope 
was  Frederick's  refusal  to  keep  his  vow  to  go  on  a  crusade.  In  1215, 
on  the  day  he  was  crowned  king,  he  vowed  to  make  a  crusade,  and 
again  in  1220,  when  crowned  emperor,  he  renewed  the  vow.  For 
various  reasons  he  several  times  put  off  going.  Each  time  the  pope 
was  deeply  disappointed,  but  eventually  accepted  the  emperor's  ex- 
cuses. Again  in  1225  he  renewed  his  vow  and  set  the  time  of  his 
departure  in  August,  1227.  But  the  pope  had  lost  confidence  in 
Frederick,  as  well  as  his  patience.  He  stipulated  that  if  the  emperor 
did  not  keep  his  word,  he  should  be  excommunicated.  Frederick 
sailed  Aug.  8,  1227,  but  returned  to  land  two  days  later.  On  this 
account  Gregory  IX  excommunicated  him,  Sept.  29,  1227.  Frederick 
published  an  apology  for  his  conduct  and  called  a  crusade  to  take 
place  the  following  May.  Without  seeking  to  have  the  excommuni- 
cation removed,  he  sailed  in  June,  1228.  For  this  the  pope  renewed 
the  excommunication.  While  Frederick  was  absent  in  Palestine,  his 
imperial  vicar  in  Italy  came  into  actual  conflict  with  the  papal  offi- 
cials about  matters  of  government.  When  Frederick  returned  from 
Palestine  in  1230,  the  pope  was  hardly  prepared  to  carry  on  the  war. 
So  through  the  intercession  of  various  princes  the  peace  of  San 
Germane  was  brought  about.  The  preliminary  agreement  is  found 


No.  140]       EMPIRE  AND  PAPACY,  1073-1250  241 

in  no.  140.  The  papal  stipulations  are  contained  in  no.  141.  In  order 
to  convince  the  pope  of  his  good  intentions  and  to  renew  friendly 
relations  with  him,  Frederick  made  him  a  visit  soon  after  the  peace 
was  established.  The  pope  wrote  a  friend  an  account  of  this  visit, 
which  is  found  in  no.  142. 

In  the  name  of  the  Lord,  amen.  Bertold,  patriarch  of 
Aquileia ;  Eberhard,  archbishop  of  Salzburg ;  Siegf ied,  bishop 
of  Regensburg;  Leopold,  duke  of  Austria  and  Styria;  Ber- 
nard, duke  of  Carinthia ;  Otto,  duke  of  Meran ;  by  the  grace 
of  God  princes  of  the  empire.  Know  all  people  by  this  writ- 
ing, that  our  mother  the  holy  Roman  church,  and  our  lord, 
Frederick,  emperor  of  the  Romans,  Augustus,  king  of  Jerusa- 
lem and  Sicily,  have  agreed  to  enter  into  negotiations  for  the 
purpose  of  discovering  some  means  by  which  the  cities  of 
Gaeta  and  Sant'  Agatha  and  other  cities  of  Sicily  which  have 
gone  over  to  the  church  may  be  restored  to  the  empire  with- 
out detracting  from  the  honor  of  the  church.  The  time 
within  which  these  negotiations  shall  be  completed  is  limited 
to  one  year,  and  the  church  promises  to  do  all  in  her  power 
to  discover  the  means  of  arranging  the  transfer  within  that 
time.  If,  however,  no  agreement  is  reached  within  the  year, 
the  church  and  the  empire  are  to  appoint  each  two  representa- 
tives who  shall  try  to  reach  a  settlement.  If  they  are  unable 
to  agree,  they  shall  choose  a  fifth  person,  and  the  majority 
shall  decide.  The  emperor  has  caused  Thomas,  count  of 
Acerra,  to  swear  for  him  that  he,  the  emperor,  will  not  molest 
the  said  lands  and  persons  nor  permit  them  to  be  molested 
during  the  course  of  the  negotiations,  and  that  he  will  accept 
the  terms  agreed  upon  by  the  holy  Roman  church  and  the  em- 
peror or  by  their  respective  representatives.  Know  also  that 
the  emperor  has  pardoned  the  Germans,  Lombards,  Tuscans, 
Sicilians,  French,  and  all  others  who  adhered  to  the  church 
party  against  him,  and  has  caused  the  count  of  Acerra  to  swear 
for  him  that  he  will  never  molest  them  nor  allow  them  to  be 
molested  on  account  of  the  assistance  which  they  gave  the 


242     SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Roman  church  against  him,  but  that  he  will  keep  true  peace 
with  them  and  with  the  church.  The  emperor  also  remits  all 
sentences,  decrees,  and  bans  issued  by  him  or  by  anyone  else 
because  of  this  quarrel.  He  promises  also  •that  he  will  not 
invade  or  waste  the  lands  of  the  church  in  the  duchy  [of 
Rome]  or  the  march  [of  Ancona],  as  set  forth  in  other  docu- 
ments under  the  imperial  seal.  We  have  pledged  ourselves 
on  the  holy  gospels  to  see  to  it  that  the  emperor  does  not  vio- 
late these  conditions.  If  he  does,  after  allowing  him  a  cer- 
tain time  to  make  satisfaction  (namely:  three  months  in 
Sicily,  four  months  in  Italy,  and  five  months  outside  of 
Italy),  we  will  assist  the  church  at  her  request  against  him 
until  he  shall  make  satisfaction.  If  the  emperor  fails  to  ap- 
point representatives  or  prevents  them  from  going  to  the  con- 
ference, we  will  hold  ourselves  bound  to  assist  the  church, 
as  said  above.  But  if  the  church  refuses  to  appoint  repre- 
sentatives or  prevents  them  from  attending  the  conference 
we  shall  not  be  bound  by  this  oath. 

v  141.  PAPAL  STIPULATIONS  IN  THE  PEACE  OF  SAN  GER- 
MANO,  1230. 

Huillard-BreTiolles,  III,  pp.  218  f;  Bohmer-Ficker,  no.  1817;  Doeberl,  pp.  66  f. 
See  introductory  note  to  no.  140. 

We,  John,  by  the  grace  of  God  Sabine  bishop,  and  Thomas, 
cardinal  priest  of  the  title  of  Santa  Sabina,  legates  of  the 
apostolic  see,  by  the  authority  of  the  pope,  make  the  follow- 
ing demands  of  the  emperor.  1.  He  shall  not  prevent  free 
elections  and  confirmations  in  the  churches  and  monasteries 
of  the  kingdom.  2.  He  shall  make  satisfaction  to  the  counts 
of  Celano  and  to  the  sons  of  Rainald  of  Aversa,  according  to 
the  terms  of  the  agreement,  in  those  things  for  which  the 
church  became  security.  3.  Likewise  he  shall  make  satis- 
faction to  the  Templars  and  Hospitallers  and  other  ecclesias- 
tical persons,  for  the  property  which  he  has  taken  from  them, 


No.  141]       EMPIRE  AND  PAPACY,  1073-1250  243 

and  the  injuries  and  losses  which  he  has  inflicted  upon  them, 
and  the  terms  of  this  satisfaction  shall  be  fixed  later  by  the 
church.  4.  Likewise  for  eight  months  from  the  day  of  his 
absolution  he  shall  furnish  suitable  persons  under  oath  as 
security  to  the  church.  The  church  will  name  these  persons 
from  among  the  princes,  counts,  and  barons  of  Germany,  and 
the  communes  of  Lombardy,  Tuscany,  the  mark,  and  Romag- 
nola,  and  the  marquises,  counts,  and  barons  of  those  terri- 
tories, and  they  shall  stand  as  security  to  the  church  for  the 
conduct  of  the  emperor.  If  he  does  not  obey  the  commands 
of  the  church,  or  breaks  the  peace,  or  seizes  or  devastates  the 
land  of  the  church  or  of  her  vassals,  they  shall  aid  the  church 
against  him.  The  church  will  not  proceed  against  him  at 
once  if  he  commits  a  wrong.  But  if  he  is  in  the  kingdom  of 
Sicily,  he  may  have  three  months;  if  he  is  in  Italy,  he  may 
have  four  months ;  if  he  is  outside  of  Italy,  he  may  have  five 
months,  in  which  to  make  good  any  wrong  he  may  do.  Those 
who  are  security  for  the  emperor  shall  give  the  church  sealed 
documents  containing  their  promise  to  aid  her.  The  emperor 
shall,  within  fifteen  days,  send  a  messenger  to  the  papal  court 
to  receive  the  names  of  those  whom  the  church  wishes  as 
security.  All  the  above  things  are  stipulated.  But  we  leave 
it  to  his  honor  to  fulfill  all  that  he  has  promised  about  the 
crusade,  and  to  obey  the  church  in  this  matter.  If  through 
preoccupation  or  inattention  we  have  omitted  anything  which 
we  should  have  included  in  the  above  stipulations,  the  pope 
shall  heve  the  right  to  add  it. 

They  also  declared  that  the  pope  wished  to  be  reimbursed 
for  all  the  expenses  to  which  the  church  had  been  put  outside 
of  the  kingdom  in  preserving  her  liberties  and  the  patrimony 
of  St.  Peter. 

The  legates  also  pronounced  a  sentence  of  excommunica- 
tion on  the  emperor  which  should  go  into  effect  at  once  if  the 
emperor  should  fail  to  observe  any  of  the  above  stipula- 
tions. 


244    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 
142.     LETTER   OF   GREGORY   IX   ABOUT   THE   EMPEROR'S 

VISIT  TO  HIM  AFTER  THE  PEACE  OF  SAN  GfiRMANO,    1230. 

Huillard-Br^hoUes,  III,  p.  228;  Bohmer-Ficker-Winkelmann,  no.  6818;  Doeberl, 
V,  no.  16  f. 

See  introductory  note  to  no.  140. 

Gregory,  etc.  Since  we  know  that  you,  as  an  especially 
dear  son,  are  pleased  to  hear  good  news  about  us,  we  have 
determined  to  inform  you  by  letter  of  the  good  fortune  which 
has  befallen  us  in  the  last  few  days.  The  other  day  [Sept. 
1]  our  most  dear  son  in  Christ,  the  illustrious  emperor  of 
the  Romans  [Frederick  II],  came  with  great  pomp  and  a 
magnificent  retinue  to  visit  us.  He  manifested  a  devotion 
which  was  truly  filial.  His  humility  before  us  and  his  rever- 
ence for  us  as  the  vicar  of  St.  Peter,  the  prince  of  the  apos- 
tles, were  as  great  as  any  of  his  predecessors  have  shown  to 
any  of  ours.  As  an  evidence  of  his  favor  and  of  his  attitude 
toward  us,  the  next  day  after  his  arrival  he  came  to  see  us  in 
our  own  home,  not  with  imperial  ceremony,  but,  as  it  were, 
in  the  simplicity  of  a  private  person.  He  took  dinner  with 
us  and  we  were  surprised  and  delighted  with  his  kindness 
and  devotion.  The  day  was  rendered  joyful  and  memorable 
by  the  pleasure  which  we  both  received  from  taking  dinner 
together.  After  dinner  we  talked  and  laughed  about  all  sorts 
of  matters,  and  we  discovered  that  he  was  quite  ready  to 
obey  our  wishes  in  all  respects,  in  regard  both  to  religious 
matters  and  to  the  patrimony  of  St.  Peter.  By  this  we  were 
greatly  comforted  in  the  Lord,  and  we  thought  that  we  ought 
to  let  you,  first  of  all,  share  in  our  comfort  and  joy.  We 
hope  you  will  make  this  known  to  all  those  about  you.  We 
command  you  to  make  it  known  to  our  subjects  in  Campania 
and  to  encourage  them  to  remain  faithful  to  St.  Peter  and 
to  us.  Strengthen  them  as  much  as  you  can,  and  urge  them 
to  be  constant  and  courageous.  As  we  have  told  you  of  the 
promises  of  Frederick,  we  shall  keep  you  informed  of  the  way 
in  which  he  fulfils  them. 


No.  143]       EMPIRE  AND  PAPACY,  1073-1250  245 

143-144.     THE  FINAL  STRUGGLE  BETWEEN  GREGORY  IX 
AND  FREDERICK  II. 
v^43.     PAPAL  CHARGES  AND  IMPERIAL  DEFENCE,  1238. 

Huillard-Br<3ioUes,  V,  p.  249;  Bohmer-Ficker,  no.  2401;  Doeberl,  V,  no.  22  e. 
The  peace  of  San  Germane  was  not  kept  long.  The  fundamental 
principles  of  pope  and  emperor  conflicted  with  each  other.  No  peace 
between  them  could  be  lasting  so  long  as  the  primary  question  of 
supremacy  was  not  settled.  Frederick  soon  began  to  put  forth  im- 
perial claims  in  various  matters,  and  the  pope  resisted  them.  The 
struggle  grew  more  and  more  bitter  and  they  both  came  into  such 
a  state  of  mutual  exasperation  and  irritation  that  any  trifle  brought 
forth  long  complaints  and  sharp  reproofs.  Of  the  many  vigorous 
documents  which  concern  their  final  break  we  give  only  two.  Gregory 
wrote  to  certain  bishops  ordering  them  to  take  the  emperor  to  task 
on  a  long  list  of  charges.  They  did  so,  and  the  emperor  refuted  them, 
charge  by  charge.  These  papal  charges  and  imperial  denials  are 
given  first.  Gregory  was  not  convinced  by  the  emperor's  answers. 
The  document  by  which  he  excommunicated  Frederick  is  given  in 
no.  144. 

To  the  most  holy  father  in  Christ,  Gregory  [IX]  by  the 
grace  of  God  pope,  his  devoted  bishops  of  Wiirzburg,  Worms, 
Vercelli,  and  Parma,  humbly  commend  themselves  and  offer 
due  and  sincere  reverence. 

We  reverently  received  your  letter  in  which  you  ordered 
us  to  remonstrate  with  our  lord  the  Roman  emperor  [Fred- 
erick II]  about  certain  matters,  a  list  of  which  was  enclosed 
in  your  letter.  Although  we  hesitated  to  do  so  because  we 
are  his  subjects  and  were  not  sure  that  he  would  patiently 
receive  our  remonstrances,  nevertheless  we  reverently  went  to 
him  and  set  forth  all  the  things  which  were  contained  in  your 
letter  to  us  and  also  in  the  large  number  of  letters  which  you 
had  written  to  him.  God  who  rules  and  directs  the  hearts 
of  kings  as  he  will  brought-  it  about  that  he  granted  us  an 
audience  and  listened  to  our  words  with  great  readiness  and 
humility.  He  also  called  together  the  venerable  archbishops 
of  Palermo  and  Messina,  the  bishops  of  Cremona,  Lodi, 
Novara,  and  Modena,  and  the  abbot  of  San  Vincenzo,  and 


246    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

a  great  number  of  friars,  both  Dominicans  and  Franciscans, 
and  in  the  presence  of  us  all  he  responded  to  each  one  of  the 
charges  in  their  order  as  is  set  forth  below.  And  in  accord- 
ance with  your  command,  we  send  you  a  faithful  statement 
of  his  answers. 

1.  The  papal  charge.  The  churches  of  Monreale,  Cefalu, 
Catania,  and  Squillace,  and  the  monasteries  of  Mileto,  Santa 
Eufemia,  Terra  Maggiore,  and  San  Giovanni  in  Lamae,  have 
been  robbed  of  almost  all  of  their  possessions.  Likewise 
nearly  all  bishoprics,  churches,  and  monasteries  have  been 
unjustly  deprived  of  their  liberties  and  prerogatives.  The 
emperor's  answer.  In  regard  to  the  complaints  of  the 
churches,  which  are  stated  in  a  general  way,  orders  have  been 
given  that  certain  things,  done  in  ignorance,  should  be  cor- 
rected at  once;  and  others  have  already  been  corrected  by 
our  faithful  messenger  and  notary,  William  de  Tocco.  He 
was  sent  especially  for  this  purpose  and  he  was  ordered  to 
go  first  to  the  papal  court,  and,  after  consultation  with  the 
archbishop  of  Messina,  to  follow  his  counsel  in  revoking  all 
the  things  which  he  found  were  done  unjustly.  He  had 
scarcely  entered  the  kingdom  when  he  found  certain  lands 
in  the  possession  of  members  of  the  imperial  family  [minis- 
terials].  He  dispossessed  them  and  restored  the  lands  to 
their  former  owners.  If  he  should  find  any  lands  were  held 
illegally  by  the  emperor,  he  was  ordered  to  restore  them  to 
their  owners.  And  when  the  pope  learned  of  what  he  had 
done  he  approved  the  emperor's  action  in  sending  him  and 
the  diligencce  of  the  messenger.  Since  the  kingdom  is  divided 
into  several  provinces,  the  messenger  has  not  yet  been  able 
to  go  through  them  all.  Hence  his  work  is  not  yet  done,  and 
there  are  still  some  things  to  be  corrected.  In  regard  to  the 
church  of  Monreale,  the  emperor  declared  that  it  had  not 
suffered  anything  through  him,  unless  it  wished  to  hold  him 
responsible  for  the  devastations  committed  by  the  Saracens 
who  had  ravaged  its  lands.  But  they  recognize  neither  the 


No.  143]       EMPIRE  AND  PAPACY,  1073-1250  247 

emperor  nor  the  church.  Nor  had  they  spared  anyone  or 
anything.  They  had  devastated  the  land  clear  up  to  the 
walls  of  the  church,  and  they  had  spared  no  Sicilian.  In 
fact,  they  had  left  scarcely  a  Christian  alive  in  all  that  terri- 
tory. The  emperor  declares  that  with  great  difficulty  and 
expense  he  has  exterminated  them  from  Sicily.  If  he  has 
done  the  churches  a  wrong  in  this,  it  is  at  least  his  only  one. 
Nor  has  he  tried  to  injure  them. 

In  regard  to  the  church  at  Cefalu,  the  emperor  said  that 
he  had  don'e  no  wrong,  because  the  kings  of  Sicily  have  always 
held  the  castle  of  Cefalu,  which  is  a  strong  citadel  in  the 
mark  of  the  Saracens,  and  commands  the  sea.  In  the  days 
of  Innocent  III  the  bishop  of  Cefalu  had  got  possession  of  it, 
not  legally  but  through  an  uprising.  But  Innocent  ordered 
his  legate  who  was  then  in  Sicily  caring  for  the  interests  of 
Frederick,  who  was  still  a  child,  to  take  the  castle  from  the 
bishop  and  have  it  kept  for  Frederick  until  he  should  come 
of  age.  It  has  not  been  restored  to  the  bishop  nor  should 
it  be,  because  he  has  no  right  to  it.  Even  if  he  had  a  right 
to  it,  it  should  not  be  restored  to  him,  because,  according  to 
common  report,  he  is  a  forger,  a  homicide,  a  traitor,  and  a 
schismatic.  Therefore  even  if  he  had  a  right  to  it,  it  should 
not  be  restored  to  him.  In  the  same  way  he  said  he  was 
innocent  of  the  charges  about  the  church  of  Catania,  unless 
he  were  held  responsible  for  the  conduct  of  some  of  the  men 
from  the  imperial  domain,  who,  in  time  of  war,  had  gone 
to  Catania  to  find  a  place  that  was  secure  and  fertile.  The 
emperor  said  that  he  had  recalled  them  to  his  domains  by 
a  general  edict  of  the  realm,  by  which  the  counts,  barons, 
and  other  men  of  the  realm  recalled  the  men  belonging  to 
their  domains,  no  matter  where  they  should  find  them, 
whether  on  the  lands  of  the  church  or  in  the  imperial  cities. 
Besides,  in  regard  to  these  things,  the  statute  was  passed  and 
the  time  set  at  the  request  of  the  pope,  as  is  clear  from  the 
letters  of  the  patriarch  of  Antioch  and  the  archbishops  of 


248    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

Palermo  and  Messina.  Likewise  the  emperor  said  that  an 
equitable  trade  had  been  made  with  the  churches  of  Mileto 
and  Santa  Eufemia,  and  with  the  abbot  and  monks  of  Terra 
Maggiore.  This  trade  had  been  made  with  the  permission 
of  their  clergy  and  their  convents,  according  to  the  legal 
form,  and  they  to-day  hold  and  possess  the  things  which  they 
received  in  exchange.  But  the  village  of  San  Severe  was 
not  wholly  the  property  of  the  abbot  of  Terra  Maggiore,  for 
another  had  certain  rights  there  which  he  held  as  a  fief  from 
the  empire.  It  was  justly  condemned  and  destroyed,  because 
the  men  of  that  place  in  the  time  of  an  uprising  had  killed 
Paul  de  Logotheta,  the  bailiff  of  the  emperor,  and  seized 
the  cattle  of  the  emperor.  And  yet  the  abbot  and  his  monas- 
tery had  received  some  land  in  exchange  for  their  share  of 
this  village  which  had  been  destroyed.  In  accordance  with 
a  legal  decision  the  place  called  Lamae  has  been  fortified  by 
the  abbot  of  San  Giovanni  Rotundo,  and  according  to  both 
the  civil  and  canon  law,  suit  about  it  must  be  brought  against 
him  in  the  imperial  court. 

2.  The  papal  charge.  The  possessions,  both  movable  and 
immovable,  which  had  been  taken  from  the  Templars  and 
Hospitallers,  have  not  been  restored  to  them  in  accordance 
with  the  terms  of  the  agreement  which  was  made.  The  em- 
peror's answer.  It  is  true  that  by  a  legal  process  and  in 
accordance  with  an  ancient  law  of  the  kingdom  of  Sicily, 
fiefs  and  <cburgher  lands"  have  been  taken  from  the  said 
orders.  But  they  had  received  those  lands  from  those  who 
were  invading  the  kingdom  and  waging  war  on  the  emperor. 
Besides  they  furnished  the  king's  enemies  with  horses,  arms, 
food,  and  wine,  and  all  kinds  of  provisions,  while  refusing 
to  aid  the  emperor  who  was  still  a  minor.  But  other  fiefs 
and  burgher  lands  have  been  restored  to  them  which  they  had 
acquired  before  the  death  of  William  II  [king  of  Sicily],  or 
for  which  they  had  a  grant  from  some  one  of  our  predecessors. 
And  some  burgher  lands  which  they  had  bought  have  been 


No.  143J       EMPIRE  AND  PAPACY,  1073-1250  249 

taken  from  them  in  accordance  with  an  ancient  law  of  Sicily, 
that  without  the  king's  consent  no  burgher  lands  shall  be 
given  to  the  said  orders  or  left  to  them  as  a  legacy;  but  if 
such  lands  are  given  them,  they  are  bound  to  sell  them  within 
a  year,  a  month,  a  week,  and  a  day,  to  some  of  the  citizens. 
This  law  was  passed  long  ago,  because  if  they  were  permitted 
to  buy  and  accept  burgher  lands  they  would  in  a  short  time 
possess  the  whole  kingdom  of  Sicily,  which  they  like  better 
than  any  other  part  of  the  world.  And  this  law  is  valid  be- 
yond the  sea. 

3.  The  papal  charge.     He  does  not  permit  vacant  bishop- 
rics and  other  churches  to  be  filled,  and  on  this  account  the 
liberty  of  the  church  is  in  danger  and  the  true  faith  is  perish- 
ing, because  there  is  no  one  to  preach  the  word  of  God  and  care 
for  souls.     The  emperor's  answer.     The  emperor  wishes  and 
desires  that  vacant  bishoprics  and  other  churches  be  filled, 
but  without  infringement  on  the  privileges  and  rights  which 
his  predecessors  have  held.     He  has  insisted  less  than  his 
predecessors  on  his  privileges,  and  he  has  never  opposed  the 
filling  of  the  vacant  churches. 

4.  The  papal  charge.    In  regard  to  taxes  and  exactions 
which  are  extorted  from  churches  and  monasteries  contrary 
to  agreement.     The  emperor's  answer.     Taxes  and  dues  are 
assessed  on  the  clergy  and  ecclesiastical  persons,  not  because 
of  their  ecclesiastical  property,  but  because  of  their  fiefs  and 
other  possessions.    And  this  is  in  accordance  with  the  com- 
mon law  and  is  practised  everywhere  all  over  the  world. 

5.  The  papal  charge.     That  prelates  do  not  dare  proceed 
against  usurers,  because  of  an  imperial  edict.    The  emperor's 
answer.     The   emperor   has   published   a   new   general    law 
against  usurers,   in   accordance  with   which  they   are   con- 
demned, and  action  may  be  brought  against  all  their  posses- 
sions.    And  this  law  is  read  before  all  prelates,  and  they  are 
not  prevented  by  it  from  proceeding  against  usurers. 

6.  The  papal  charge.    That  clerygmen  are  seized,  impris- 


250    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

oned,  proscribed,  and  killed.  The  emperor's  answer.  He 
knows  nothing  about  any  clergymen  who  have  been  seized 
and  imprisoned,  except  that  some  have  been  condemned  by 
the  decision  of  prelates,  according  to  their  crimes.  These 
have  been  surrendered  to  the  imperial  officials  who  have  seized 
them.  He  knows  nothing*  about  clergymen  who  have  been 
proscribed  except  that  some  have  been  charged  with  the  crime 
of  Use  majeste  and  have  been  proscribed  from  the  kingdom. 
He  knows  nothing  about  any  clergymen  who  have  been  slain 
except  those  who  were  slain  by  other  clergymen.  The  church 
of  Venusa  is  mourning  the  death  of  its  prelate  who  was  killed 
by  one  of  his  monks.  In  the  church  of  San  Vincenzo  one 
monk  killed  another.  But  the  monks  and  the  clergy  commit 
such  crimes  with  impunity,  and  it  is  the  fault  of  the  church 
that  they  escape  all  canonical  punishment. 

7.  The  papal  charge.     Churches  which  are  consecrated  to 
the  Lord  are  profaned  and  destroyed.     The  emperor's  answer. 
He  knows  nothing  of  such  churches,  unless  the  pope  means 
the  church  of  Luceria;  but  it  is  said  to  have  fallen  down  of 
itself  because  of  its  great  age.     And  the  emperor  will  not 
only  permit  it  to  be  rebuilt,  but  he  will  give  a  good  sum  to 
the  bishop  for  its  reconstruction. 

8.  The   papal    charge.     That   he   does   not   permit   the 
church  of  Sorana  to  be  rebuilt.     The  emperor's  answer.     He 
will  permit  the  church  of  Sorana  to  be  rebuilt,  but  not  the 
town.     It  shall  not  be  rebuilt  as  long  as  he  lives,  because  it 
was  destroyed  in  accordance  with  a  legal  decision. 

9.  The  papal  charge.     That  contrary  to  the  agreement 
those  who  had  supported  the  church  in  the  time  of  struggle 
between  the  pope  and  emperor  have  been  robbed  of  their 
goods  and  driven  out  of  the  country.    The  emperor's  answer. 
Those  who  adhered  to  the  church  in  the  time  of  the  struggle 
against  the  emperor  are  living  in  security  in  the  kingdom, 
except  those  who  held  some  office  and  are  afraid  that  they 
will  be  compelled  to  give  an  account  of  it,  and  some  others 


No.  143]       EMPIRE  AND  PAPACY,  1073-1250  251 

who  have  left  the  kingdom  to  escape  civil  and  criminal 
charges.  The  emperor  will  permit  them  to  come  back  in 
safety  if  they  will  give  an  account  of  their  conduct  in  office 
and  respond  to  those  who  have  entered  suit  against  them. 
But  he  will  do  nothing  against  them  for  having  adhered  to 
the  church.  If  the  pope  complains  that  the  treaty  of  peace 
has  not  been  kept,  let  him  remember  that  contrary  to  its 
terms  and  to  the  judgment  of  nearly  all  the  friars,  he  is 
holding  the  city  of  Castella.  For  keeping  this  city  to  the 
detriment  of  the  empire  he  is  receiving  money,  although  the 
emperor  has  expended  more  than  100,000  silver  marks  in 
aiding  him  against  the  Romans.  From  this  the  church  has 
received  great  advantages,  for  land  has  been  taken  from  the 
Romans  and  restored  to  the  church  and  her  liberties  have 
been  recovered  and  reformed  in  Rome  through  the  help  of 
the  emperor. 

10.  The  papal  charge.     That  he  has  seized  and  now  holds 
imprisoned  the  nephew  of  the  king  of  Tunis  who  wished  to 
come  to  the  pope  to  receive  baptism.     The  emperor's  answer. 
That  the  nephew  of  the  king  of  Tunis  was  fleeing  from  Bar- 
bary  to  Sicily,  not  to  receive  baptism,  but  to  escape  his  uncle 
who  was  threatening  him  with  death.    He  is  not  held  captive 
but  is  going  about  freely  in  Apulia,  and  although  he  is  often 
urged  to  be  baptized,  he  steadfastly  refuses.     If  however  he 
wishes  to  be  baptized,  the  emperor  will  receive  him  with 
rejoicing.     He  has  already  expressed  himself  in  regard  to 
this  to  the  archbishops  of  Palermo  and  Messina. 

11.  The  papal  charge.     That  the  church  is  humiliated 
and  insulted  by  the  fact  that  Peter  Saraceno,  her  faithful 
subject,  and  friar  Jordan  are  held  captive.     The  emperor's 
answer.     Peter  Saraceno  has  been  seized  because  he  is  an 
enemy  and  detractor  of  the  emperor.     He  has  attacked  the 
emperor  in  Rome  as  well  as  elsewhere.    He  did  not  come  on 
the  business  of  the  king  of  England,  but  he  carried  a  letter 
of  the  king  in  order  that  if  he  were  arrested  we  might  be 


252    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

led  to  spare  him.  But  we  did  not  heed  this  letter  because 
the  king  did  not  know  what  snares  this  man  had  prepared 
for  us.  In  regard  to  the  friar  Jordan,  although  he  had  de- 
famed the  emperor  in  his  sermons,  the  emperor  neither  seized 
him  nor  ordered  him  to  be  seized.  But  because  some  of  the 
emperor's  faithful  subjects  knew  the  friar's  character  and 
his  trickery,  and  so  were  sure  that  if  he  stayed  in  the  mark 
of  Treviso  and  in  Lombardy,  he  would  injure  the  cause  of 
the  emperor,  the  emperor  caused  him  to  be  set  free  and  would 
have  given  him  over  to  the  archbishop  of  Messina,  if  he  had 
been  willing  to  submit  to  the  said  archbishop. 

12.  The  papal  charge.    The  emperor  had  stirred  up  sedi- 
tion in  Rome  against  the  church  with  the  purpose  of  driving 
out  the  pope  and  his  cardinals,  and,  contrary  to  the  privileges 
and  rights  of  the  pope,  to  destroy  the  ecclesiastical  liberties. 
The  emperor's  answer.     The  emperor  denies  that  he  stirred 
up  the  sedition  in  Rome.     But  he  has  his  faithful  subjects 
in  Rome  just  as  his  predecessors,  the  Roman  emperors  and 
kings  of  Sicily,  had  had.     And  sometimes  at  the  election  of 
senators,  the  attempt  was  made  to  injure  his  subjects.    Under 
these  circumstances   he  had   assisted  his   subjects  in  their 
defence,  and  he  would  do  so  as  often  as  it  should  be  necessary 
under  similar  circumstances.     But  when  the  election  of  a 
senator  took  place  harmoniously,  there  was  no  rioting,  as  can 
be  proved  by  the  testimony  of  the  archbishops  of  Palermo 
and  Messina. 

13.  The  papal  charge.     That  the  emperor  had  ordered  his 
subjects  not  to  permit  the  papal  legate,  the  bishop  of  Preneste, 
to  pass  through  their  territory.     The  emperor's  answer.     The 
emperor  had  never  even  dreamed  of  giving  such  an  order, 
although  he  might  justly  have  done  so,  because  the  bishop 
was  his  enemy.     Although  he  had  been  sent  by  the  pope  as 
a  religious  man  on  a  religious  errand,  he  had  nevertheless  at 
the  command  of  the  pope,  as  he  said,  in  a  treacherous  and 
wicked  manner  led  a  large  part  of  Lombardy  to  revolt  against 


No.  143]       EMPIRE  AND  PAPACY,  1073-1250  253 

the  emperor  and  had  done  all  he  could  to  incite  the  Lom- 
bards to  rebellion. 

14.  The  papal  charge.  The  cause  of  the  crusade  is  de- 
layed by  him  through  the  quarrel  which  he  has  with  certain 
Lombards,  although  the  church  is  ready  to  use  all  her  powers 
to  secure  proper  satisfaction  from  the  Lombards  for  what 
they  have  done  against  the  emperor,  and  the  Lombards  them- 
selves are  ready  to  make  satisfaction.  The  emperor's  answer. 
He  had  often  referred  that  matter  to  the  church,  but  he  had 
never  received  any  satisfaction.  For  the  first  time,  the  Lom- 
bards were  condemned  to  furnish  400  knights.  But  instead 
of  sending  them  to  aid  the  emperor,  as  they  should,  the  pope 
used  them  to  make  war  on  the  emperor.  The  second  time, 
they  were  condemned  to  furnish  500  knights,  but  the  pope 
declared  that  they  should  not  be  sent  to  the  aid  of  the  em- 
peror, but  that  they  should  be  sent  on  the  crusade  under  the 
control  and  protection  of  the  pope  and  the  church.  But  not 
even  this  was  done.  The  third  time,  at  the  request  of  the 
cardinals,  the  Sabine  bishop  and  Magister  Peter  of  Capua, 
the  affair  was  again  referred  to  the  pope  exactly  as  the  pope 
desired.  But  afterward  the  matter  was  never  mentioned 
again  until  the  pope  learned  that  the  emperor,  having  been 
deceived  so  many  times  about  it,  was  preparing  to  lead  an 
army  from  Germany  into  Italy.  And  then  the  pope  at  once 
begged  that  the  matter  be  referred  to  him  again.  And 
although  the  emperor  had  so  often  been  deceived  in  submit- 
ting it  to  the  pope,  he  nevertheless  was  willing  to  submit  it 
to  him  once  more,  but  a  time  limit  was  set  and  it  was  stipu- 
lated that  it  should  be  decided  to  the  honor  of  the  emperor 
and  to  the  advantage  of  the  empire.  But  the  pope  was  not 
willing  to  accept  these  conditions,  as  may  be  proved  by  his 
letter,  although  he  now  says  that  he  was  ready  to  decide  the 
case  in  accordance  with  the  rights  and  honor  of  the  empire. 
From  this  it  is  apparent  that  the  pope's  letters  are  contra- 
dictory to  each  other,  And  let  the  pope  not  pretend  that 


254    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  emperor,  in  trying  to  restore  the  rights  of  the  empire  in 
Italy,  injured  the  prospects  of  the  crusade,  for  the  letters 
which  the  emperor  wrote  in  answer  to  the  kings  of  the  world 
and  to  the  crusaders  in  France,  who  had  chosen  him  as  their 
leader,  will  show  that  he  took  charge  of  the  crusade  and  did 
not  neglect  it.  He  also  wrote  that  he  wished  to  conduct  the 
whole  matter  in  accordance  with  the  advice  of  the  church. 
.  .  .  Finally,  the  emperor  declared  that  since  he  had 
been  absent  from  the  kingdom  and  did  not  know  the  exact 
condition  of  things,  if  anything  had  been  done  injurious  to 
the  church,  and  had  not  yet  been  corrected,  he  would  order 
it  to  be  set  entirely  right,  and  also  because  of  the  great  gen- 
eral good  which  would  come  if  there  were  harmony  between 
him  and  the  church,  he  would  give  the  church  any  reason- 
able security  that  he  would  act  in  harmony  with  her, 
and  use  all  his  powers  and  means  for  the  honor  and  advance- 
ment of  the  Christian  church  and  for  the  preservation  of 

her  liberties. 
i 

144.    THE  EXCOMMUNICATION  OF  FREDERICK  II,  1239. 

HuiUard-Br^holles,   Hist.    Dipl.,   I,   pp.    286   ff;    Bohmer-Ficker-Winkelmann, 
no.  7226  a;  Doeberl,  V,  no.  22  f. 

See  introductory  note  to  no.  143. 

1.  By  the  authority  of  the  Father,  Son,  and  Holy  Spirit, 
and  of  the  blessed  apostles  Peter  and  Paul,  and  by  our  own 
authority,  we  excommunicate  and  anathematize  Frederick, 
the  so-called  emperor,  because  he  has  incited  rebellion  in 
Rome  against  the  Roman  church,  for  the  purpose  of  driving 
the  pope  and  his  brothers  [the  cardinals]  from  the  apostolic 
seat,  thus  violating  the  dignity  and  honor  of  the  apostolic 
seat,  the  liberty  of  the  church,  and  the  oath  which  he  swore 
to  the  church. 

2.  We  excommunicate  and  anathematize  him  because  he 
ordered  his  followers  to  prevent  our  brother,  the  venerable 
bishop  of  Preneste,  the  legal  legate,  from  proceeding  on  his 


No.  144]       EMPIRE  AND  PAPACY,  1073-1250  255 

mission  to  the  Albigenses,  upon  which  we  had  sent  him  for 
the  preservation  of  the  Catholic  faith. 

3.  We  excommunicate  and  anathematize  him  because  he 
has    not   allowed   the   vacancies   in   certain   bishoprics   and 
churches  to  be  filled,  thereby  imperilling  the  liberty  of  the 
church,  and  destroying  the  true  faith,  because  in  the  absence 
of  the  pastor  there  is  no  one  to  declare  unto  the  people  the 
word  of  God  or  to  care  for  their  souls.     .     .     . 

4.  We  excommunicate  and  anathematize  him  because  the 
clergy  of  his  kingdom  are  imprisoned,  proscribed,  and  slain, 
and  because  the  churches  of  God  are  despoiled  and  profaned. 

5.  We  excommunicate  and  anathematize  him  because  he 
has  not  permitted  the  church  of  Sorana  to  be  rebuilt. 

6.  We  excommunicate  and  anathematize  him  because  he 
has  seized  the  nephew  of  the  king  of  Tunis  and  kept  him 
from  coming  to  the  Koman  church  to  be  baptized. 

7.  We  excommunicate  and  anathematize  him  because  he 
has  imprisoned  Peter  Saraceno,  a  Roman  noble,  who  was  sent 
as  a  messenger  to  u*s  by  the  king  of  England. 

8.  We  excommunicate  and  anathematize  him  because  he 
has  seized  the  lands  of  the  churches  of  Ferrara,  Pigogna,  and 
Bondenum,  and   the   dioceses   of   Ferrara,  Bondenum,  and 
Lucca,  and  the  land  of  Sardinia,  contrary  to  the  oath  which 
he  swore  to  the  church. 

9.  We  excommunicate  and  anathematize  him  because  he 
has  occupied  and  wasted  the  lands  of  some  of  the  nobles  of 
his  kingdom  which  were  held  by  the  church. 

10.  We  excommunicate  and  anathematize  him  because  he 
has  robbed  the  churches  of  Monreale,  Cefalu,  Catania,  Squil- 
lace,  and  the  monasteries  of  Mileto,  Santa  Eufemia,  Terra 
Maggiore,  and  San  Giovanni  in  Lama?. 

11.  We  excommunicate  and  anathematize  him  because  he 
has  robbed  many  bishoprics,  churches,  and  monasteries  of  his 
kingdom  of  almost  all  their  goods  through  his  unjust  trials. 

12.  We  excommunicate  and  anathematize  him  because  he 


256    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

has  not  entirely  restored  to  the  Templars  and  Hospitallers 
the  property  of  which  he  had  despoiled  them,  as  he  agreed 
to  do  in  the  treaty  of  peace. 

13.  Because  he  has  extorted  taxes  and  other  payments 
from  the  churches  and  monasteries  of  his  kingdom  contrary 
to  the  treaty  of  peace. 

14.  We  excommunicate  him  and  anathematize  him  be- 
cause he  has  compelled  the  prelates  of  churches  and  abbots 
of  the  Cistercian  and  of  other  orders  to  make  monthly  con- 
tributions for  the  erection  of  new  castles. 

15.  We  excommunicate  and  anathematize  him  because  he 
has  treated  the  adherents  of  the  papal  party  as  if  they  were 
under  the  ban,  confiscating  their  property,  exiling  them,  and 
imprisoning  their  wives  and  children,  contrary  to  the  treaty 
of  peace. 

16.  We  excommunicate  and  anathematize  him  because  he 
has  hindered  the  recovery  of  the  Holy  Land  and  the  restora- 
tion of  the  Eoman  empire. 

We  absolve  all  his  subjects  from  their  6aths  of  fidelity  to 
him,  forbidding  them  to  show  him  fidelity  as  long  as  he  is 
under  excommunication.  We  shall  admonish  him  again  to 
give  up  oppressing  and  injuring  the  nobles,  the  poor,  the 
widows  and  orphans,  and  others  of  his  land,  and  then  we 
shall  proceed  to  act  ourselves  in  the  matter.  For  all  and 
each  of  these  causes,  in  regard  to  which  we  have  frequently 
admonished  him  to  no  purpose,  we  excommunicate  and 
anathematize  him.  In  regard  to  the  accusation  of  heresy 
which  is  made  against  Frederick,  we  shall  consider  and  act 
upon  this  in  the  proper  place  and  time. 

J  145.    CURRENT  STORIES  ABOUT  FREDERICK  II. 

Selections  from  Matthew  of  Paris,  Chronica  Majora;  Rolls  Series,  III,  pp.  520  f, 
p.  527;  IV,  pp.  474,  634  f ;  V,  pp.  99  f. 

A  few  passages  from  the  chronicle  of  Matthew  of  Paris  are  offered 
to  illustrate  the  character  of  Frederick  and  to  throw  a  little  light 
on  the  great  struggle  between  him  and  the  pope.  The  last  paragraph 


No.  145]       EMPIRE  AND  PAPACY,  1073-1250  257 

is  particularly  interesting  because  it  indicates  that  the  pope  was 
becoming  conscious  that  he  was  meeting  with  national  opposition. 
But  he  evidently  misjudged  the  strength  of  it.  For  after  overcoming 
the  empire,  the  papacy  was  to  succumb  to  the  French  king  and  be 
subservient  to  him  for  seventy  years.  And  the  national  opposition 
was  to  grow  until  it  culminated  in  the  great  rebellion  which  has  had 
many  stages  but  has  finally  ended  in  the  complete  destruction  of  the 
temporal  power  of  the  pope. 

It  was  about  this  time  [1238]  that  evil  reports  became 
current,  which  blackened  the  reputation  of  the  emperor  Fred- 
erick. It  was  said  that  he  questioned  the  catholic  faith  and 
that  he  had  made  statements  that  showed  not  only  that  he 
was  weak  in  the  faith,  but  that  he  was  indeed  a  heretic  and  a 
blasphemer.  It  is  not  right  even  to  repeat  such  things,  but 
it  is  reported  that  he  said  there  were  three  impostors  who  had 
deceived  the  people  of  their  time  for  the  purpose  of  gaining 
control  of  the  world,  Moses,  Jesus,  and  Mohammed,  and  that 
he  made  certain  absurd  remarks  about  the  eucharist.  It  is 
incredible  that  any  sane  man  should  have  uttered  such  terri- 
ble blasphemy.  His  enemies  also  said  that  he  believed  more 
in  the  religion  of  Mohammed  than  in  that  of  Jesus  Christ, 
and  that  he  kept  certain  Saracen  women  as  his  concubines. 
There  was  a  common  complaint  among  the  people  that  the 
emperor  had  for  a  long  time  been  allied  with  the  Saracens, 
and  that  he  was  more  friendly  with  them  than  with  Chris- 
tians. His  enemies,  who  were  always  trying  to  blacken  his 
character,  attempted  to  prove  these  statements  by  many  evi- 
dences; whether  or  not  they  have  sinned  in  doing  this,  He 
alone  knows  who  knows  all  things.  ...  In  this  year 
[1239],  while  the  emperor  was  spending  the  winter  in  Italy, 
he  recovered  certain  important  islands  in  the  Mediterranean 
just  off  the  shore  of  Pisa,  the  most  important  acquisition 
being  the  greater  and  more  valuable  part  of  the  island  of 
Sardinia,  which  belonged  to  the  patrimony  of  St.  Peter. 
The  emperor,  however,  asserted  that  it  belonged  of  old  to 
the  empire,  that  it  had  been  taken  from  the  empire  illegally 


258    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

by  occupation  and  other  wrongful  measures  and  that  he  now 
restored  it  to  the  empire.  He  said :  "I  have  sworn,,  as  is 
known  to  all  the  world,  to  recover  the  dispersed  parts  of  my 
empire ;  and  I  shall  give  my  best  efforts  to  carrying  out  my 
oath."  So  he  sent  his  son  [Enzio],  in  spite  of  the  prohibi- 
tion of  the  pope,  to  receive  in  his  name  that  portion  of  the 
island  that  had  surrendered  to  him  .  .  .  [1245].  When 
Frederick  heard  that  the  pope  had  deposed  him,  he  was 
terribly  enraged,  and  could  scarcely  contain  himself  for  his 
wrath.  Looking  fiercely  on  those  who  sat  around  him,  he 
thundered  forth:  "That  pope  has  deposed  me  in  his  synod 
and  has  taken  away  my  crown.  Was  there  ever  such  audacity ; 
was  there  ever  such  presumption  ?  Where  are  the  chests  that 
contain  my  treasure  ?  "  And  when  these  were  brought  and 
opened  before  him  at  his  command,  he  said :  "See  now  whether 
my  crowns  are  lost."  Then  taking  one  of  them  and  putting 
it  on  his  head,  he  stood  up,  with  a  threatening  look,  and  spoke 
out  in  a  terrible  voice  from  the  bitterness  of  his  heart:  "I 
have  not  yet  lost  my  crown,  nor  shall  the  pope  and  all  his 
synod  take  it  from  me  without  a  bloody  struggle.  And  has 
his  presumption  been  so  boundless  that  he  has  dared  to  de- 
pose me  from  the  empire,  me,  a  great  prince,  who  have  no 
superior,  indeed  no  equal  ?  So  much  the  better  for  my  cause ; 
for  before  this  I  was  bound  to  obey  him,  and  to  do  him  rever- 
ence, but  now  I  am  absolved  from  any  obligation  to  love  or 
reverence  him  or  even  to  keep  peace  with  him."  .  .  .  [1247]. 
When  Frederick  heard  of  the  acts  of  the  papal  legate  in 
Germany,  he  was  bitterly  enraged  and  sought  everywhere  for 
a  means  of  wreaking  vengeance  upon  the  pope.  It  was 
feared  by  some  wise  and  thoughtful  men  that  Frederick  in 
his  wrath  might  turn  apostate,  or  call  in  to  his  aid  the  Tar- 
tars from  Russia,  or  give  the  Sultan  of  Babylon,  with  whom 
he  was  on  the  most  friendly  terms,  the  chance  to  overrun  the 
empire  with  his  pagan  hosts,  to  the  destruction  of  all  Chris- 
tendom. .  .  .  [1250].  Frederick  attempted  to  make 


No.  145]       EMPIRE  AND  PAPACY,  1073-1250  259 

peace  with  the  pope,  .  .  .  but  the  pope  replied  that  he 
would  not  restore  the  emperor  to  his  former  position  on  any 
such  easy  terms,  since  he  had  been  deposed  and  condemned 
by  the  general  council  of  Lyon.  And  some  asserted  that  the 
pope  desired  above  all  else  utterly  to  crush  Frederick,  whom 
he  called  the  great  dragon,  in  order  that  he  might  then  de- 
stroy the  kings  of  England  and  of  France  and  the  other 
Christian  kings  (whom  he  spoke  of  as  kinglets  and  little  ser- 
pents), after  he  had  overawed  them  by  making  an  example 
of  Frederick,  and  thus  be  able  to  rob  them  and  their  prelates 
at  his  pleasure. 


IV.   THE    EMPIRE    FROM    125O   TO    15OO 

146.    DIET  OF  NtJRNBERG,  1274. 

M.  G.  LL.  folio,  II,  pp.  399  ff;  Altmann  und  Bernheim,  no.  12. 

When  Rudolf  was  elected  king  in  1273,  he  found  that  he  had  a 
frown  but  no  income.  For  during  the  interregnum  (1254-73)  the 
German  princes,  both  lay  and  clerical,  had  seized  all  the  crown  lands 
and  revenues.  Rudolf  was  glad  to  be  king,  but  his  private  income 
was  not  sufficient  to  support  his  new  dignity.  Besides,  he  was  of  a 
miserly  disposition,  and  was  bent  on  getting  all  out  of  the  office  that 
he  could,  or  at  least  on  making  the  office  pay  for  itself.  So  he 
demanded  the  surrender  of  the  lands  and  revenues  which  had  been 
seized.  But  no  one  was  willing  to  give  them  up.  Since  Rudolf  was 
compelled  to  enter  suit  against  each  one,  it  was  necessary  to  have 
some  disinterested  person  to  act  as  judge  in  all  such  cases.  The  diet 
decided  that  this  office  of  judge  belonged  to  the  count  palatine. 

As  soon  as  the  judge  was  decided  on,  Rudolf  asked  what  he  should 
do  in  regard  to  these  lands,  and  he  was  told  that  he  must  recover 
them.  Ottokar,  king  of  Bohemia,  had  himself  been  a  candidate  for 
the  crown,  and  now  refused  to  acknowledge  the  election  of  Rudolf. 
The  diet  decided  what  should  be  done  in  the  matter,  and  instructed 
Rudolf  how  he  should  proceed  against  him. 

Paragraphs  5-9  reveal  to  a  certain  extent  the  troubled  condition 
into  which  Germany  had  been  brought  by  the  interregnum. 

1.  During  the  meeting  of  the  diet  at  Niirnberg,  the  princes 
came  together  as  a  public  court  of  justice,  in  the  presence  of 
the  most  serene  lord,  Eudolf,  king  of  the  Eomans,  and 
attended  by  a  large  following  of  counts  and  barons  and  a 
great  multitude  of  nobles  and  common  people.  And  first 
the  king  asked  them  for  a  decision  on  the  following  question : 
who  should  be  judge  in  cases  which  involve  imperial  or  fiscal 
property,  and  other  offences  against  the  king  or  the  realm, 

260 


No.  146]     THE   EMPIRE   FROM   1250  TO   1500          261 

and  in  which  the  king  of  the  Romans  makes  accusation 
against  a  prince  of  the  empire.  It  was  decided  by  all  the 
princes  and  barons  who  were  present  that  the  count  palatine 
of  the  Rhine  has,  and  has  had  from  of  old,  the  right  to  act 
as  judge  in  cases  where  the  emperor  or  king  accuses  a  prince 
of  the  empire. 

2.  The  aforesaid  count  palatine  then  took  his  place  as 
judge  and  the  king  asked  for  a  decision  on  this  question: 
what  might  and  should  the  king  do  in  regard  to  the  prop- 
erty, now  held  by  others,  which  the  former  emperor  Fred- 
erick [II]  had  held  and  possessed  in  peace  and  quiet  before 
he  was  deposed  by  the  princes,  and  in  regard  to  other  imperial 
property  wrongfully  withheld  from  the  empire.     It  was  de- 
cided that  the  king  ought  to  lay  claim  to  such  property  and 
recover  it;  and  that  if  anyone  should  resist  the  king  in  his 
attempt  to  recover  his  own,  he  should  use  his  royal  power 
to  overcome  this  illegal  resistance  to  authority  and  to  pre- 
serve the  rights  of  the  empire. 

3.  The  king  asked,  in  the  second  place,  what  the  law  was 
in  the  case  of  the  king  of  Bohemia,  who  had  wilfully  allowed 
more  than  a  year  and  a  day  to  elapse  from  the  day  of  the 
coronation   [of  Rudolf]    at  Aachen  without  seeking  to  be 
invested  with  his  fiefs  by  the  king  of  the  Romans.     It  was 
decided  by  all  the  princes  and  barons  that  whenever  anyone, 
by  his  own  neglect  or  contumacy  and  without  just  excuse, 
failed  to  seek  investiture  of  his  fiefs  within  a  year  and  a 
day,  all  his  fiefs  were  forfeited  by  the  mere  lapse  of  time. 

4.  In  the  third  place,  the.  king  asked  them  how  he  should 
proceed  to  punish  the  contumacy  of  the  king  of  Bohemia. 
It  was  decided  that  the  count  palatine  of  the  Rhine  should 
send  a  freeman  to  summon  the  king  of  Bohemia  to  appear 
before  the  count  palatine  at  a  certain  place  and  on  a  certain 
day,,  which  should  be  six  weeks  and  three  days  from  the  day 
when  the  decision  was  rendered,  and  to  answer  the  accusation 
of  contumacy  brought  against  him  by  the  king.     If  the  free- 


262    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

man  who  was  chosen  to  carry  the  summons  swore  that  he  did 
not  dare  appear  before  the  king  of  Bohemia  or  enter  his  lands 
because  he  had  good  grounds  to  fear  personal  injury,  it  would 
then  be  sufficient  for  the  diet  to  pass  an  edict  summoning  the 
king  of  Bohemia  and  for  the  count  palatine  to  proclaim  this 
summons  publicly  in  the  city  or  town  of  his  that  was  nearest 
to  the  kingdom  of  Bohemia.  To  allow  this  matter  to  be  set- 
tled in  an  orderly  way,  however,  eighteen  days  in  addition 
to  the  original  six  weeks  and  three  days  were  to  be  allowed 
for  the  answer  to  the  summons,  so  that  the  king  of  Bohemia 
should  appear  before  the  count  palatine  at  Wurzburg  nine 
weeks  from  the  19th  of  November,  that  is,  on  the  20th  of 
January;  otherwise  he  should  be  proceeded  against  according 
to  the  law. 

5.  It  was  decided  also  that  the  king  of  the  Romans  ought 
to  take  cognizancce  of  all  civil  and  criminal  cases  arising  on 
and  after  the  day  of  his  coronation,  and  of  all  civil  cases  (i.e., 
those   involving   inheritances,   fiefs,   possessions,   and   prop- 
erty)   arising  even  before  his  coronation,  if  they  had  not 
been  settled  by  decision  of  the  court,  by  compromise,  or  by 
some  amicable  agreement. 

6.  In  regard  to  wrongs  which  date  from  the  quarrel  be- 
tween the  empire  and  the  papacy  in  the  days  of  the  emperor 
Frederick  (seizure  of  property,  injuries,  and  damages  com- 
mitted by  one  party  against  the  other),  the  king  proposes  to 
confer  with  the  pope  and  to  try  to  reach  some  agreement  with 
him  that  shall  be  just  to  both  parties. 

7.  The  king  urges  and  requests  all  those  who  have  seized 
or  burned  or  destroyed  the  property  of  others  during  the  time 
from  the  death  of  emperor  Frederick  to  the  coronation  of 
the  king  [i.e.,  Rudolf],  to  make  compensation  and  come  to 
some  amicable  agreement  with  those  whom  they  have   in- 
jured ;  and  he  also  requests  the  injured  not  to  refuse  to  accept 
such  arrangement.     If  the  parties   cannot  agree,  the  king 
will  himself  decide  the  cases.    This  does  not  refer,  however, 


No.  147]    THE  EMPIRE   FROM   1250  TO   1500          263 

to  public  plunderers  of  churches  and  holy  places,  or  to  those 
who  have  made  open  war,  all  of  whom  are  to  be  brought  to 
justice  immediately.  Likewise  all  cases  pending  before  the 
king  or  his  officials  ought  to  be  settled  within  a  reasonable 
time. 

8.  It  was  decided  also  that  summonses  and  decrees  issu- 
ing from  the  court  or  from  royal  officials  should  be  written 
and  sealed  with  the  seal  of  the  judges,  and  that  such  docu- 
ments should  be  in  themselves  sufficient  evidence  of  the  fact 
of  the  summons  without  further  proof,  and  that  not  more 
than  six  coins  of  Halle  oj  their  equivalent  should  be  exacted 
for  the  serving  of  the  summons. 

9.  The  king  also  notified  all  advocates  who  had  used  their 
office  as  a  pretext  for  oppression  to  come  to  some  agreement 
with  those  whom  they  had  injured,  and  not  to  exact  or  de- 
mand in  the  future  more  than  is  due  from  those  for  whom 
they  act  as  advocates.     Otherwise  they  will  be  brought  to 
trial  for  their  injustice. 

10.  He  also  decreed  that  phalburgii  l  should  not  be  allowed 
to  live  in  any  imperial  city. 

i  For  the  meaning  of  this  term  see  no.  139,  paragraph  10. 

147.  THE  GERMAN  PRINCES  CONFIRM  RUDOLF'S  SURREN- 
DER OF  ALL  IMPERIAL  CLAIMS  IN  ITALY,  1278-79. 

M.  G.  LL.  folio,  II,  pp.  421  f. 

Rudolf  saw  clearly  that  the  policy  which  the  German  kings  had 
followed  with  regard  to  Italy  had  led  to  their  ruin.  He  determined 
to  give  up  this  fatal  policy,  and  to  devote  himself  to  the  acquisition 
of  lands  and  power  in  Germany.  Accordingly  he  acknowledged  all  the 
papal  claims  in  Italy,  thus  surrendering  all  for  which  the  emperors 
had  fought  for  the  last  200  years.  Contenting  himself  with  what 
seemed  obtainable,  he  gracefully  acknowledged  the  defeat  and  failure 
of  his  predecessors,  and  struck  out  a  new  policy  for  himself  (see 
no.  150).  The  princes  confirmed  his  agreement  with  the  pope  by  this 
document.  Notice  that  the  princes  use  the  figures  of  the  two  lumi- 
naries and  the  two  swords,  accepting  the  papal  interpretation  (see 
no.  114). 


264    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

We,  the  princes  of  the  empire,  to  all  to  whom  these  pres- 
ents come.  The  holy  Roman  church  has  always  borne  a  spe- 
cial love  for  Germany,  and  has  given  her  a  name  which  in 
secular  affairs  is  above  the  name  of  every  other  power  on 
earth  [i.e.,  the  name  of  the  empire] ;  she  has  established  the 
princes  in  Germany,  like  rare  and  beautiful  trees  in  a  gar- 
den, watering  them  with  her  special  favor,  and  they  [the 
princes],  supported  by  the  church,  have  brought  forth  won- 
derful fruit ;  namely,  the  ruler  of  the  empire  who  is  produced 
by  the  election  of  the  princes.  He  [the  emperor]  is  that 
lesser  luminary  in  the  firmament  of  this  world  which  shines 
by  the  reflected  light  of  the  great  luminary,  the  vicar  of 
Christ.  He  it  is  who  draws  the  material  sword  at  the  com- 
mand of  the  pope,  to  support  the  spiritual  sword  which  the 
shepherd  of  shepherds  uses  to  guard  his  sheep,  and  he  wields 
it  to  restrain  and  correct  evil-doers  and  to  aid  the  good  and 
the  faithful.  Now  we  desire  that  all  occasion  of  dissension 
and  strife  should  be  avoided,  that  the  two  swords  should  work 
together  for  the  reformation  of  the  whole  world,  and  that 
we,  the  princes,  who  are  bound  to  support  both  the  church 
and  the  empire,  should  be  recognized  as  lovers  of  peace. 
Therefore  we  approve  and  ratify  all  concessions,  renewals, 
and  new  grants  made  by  our  lord  Rudolf,  by  the  grace  of 
God  king  of  the  Romans,  Augustus,  to  our  most  holy  father 
and  lord,  pope  Nicholas  III,  and  to  his  successors,  and  to 
the  Roman  church;  in  particular,  the  fidelity,  obedience, 
honor,  and  reverence  to  be  paid  to  the  popes  and  to  the 
Roman  church  by  the  emperors  and  kings  of  the  Romans; 
the  possessions,  honors,  and  dignities  of  the  Roman  church; 
including  all  the  land  from  Radicofano  to  Ceperano,  the 
march  of  Ancona,  the  duchy  of  Spoleto,  the  lands  of  the 
countess  Matilda,  the  city  of  Ravenna,  the  Emilia,  with  the 
cities  of  Bobbio,  Cesena,  Forlimpopoli,  Forli,  Faenza,  Imola, 
Bologna,  Ferrara,  Comacle,  Adria,  Gabello,  Rimini,  TJrbino, 
Montefeltre,  the  territory  of  Balneum,  the  county  of  Ber- 


No.  149J    THE   EMPIRE   FROM   1250  TO   1500  265 

tinoro,  the  exarchate  of  Ravenna,  the  Pentapolis,  Massa  Tra- 
baria,  and  the  adjacent  lands  of  the  church,  with  all  the 
boundaries,  territories,  islands,  land,  and  water,  belonging 
to  the  aforesaid  provinces,  cities,  territories,  and  places ;  also 
the  city  of  Rome  and  the  kingdom  of  Sicily,  including  its 
possessions  on  the  mainland  and  on  the  island  of  Sicily ;  also 
Corsica  and  Sardinia,  and  all  other  lands  and  rights  belong- 
ing k)  the  church.  .  .  . 

148.  REVOCATION  OF  GRANTS  OF  LANDS  BELONGING  TO 
THE  IMPERIAL  DOMAIN,  1281. 

M.  G.  LL.  folio,  II,  p.  435;  Alt  maim  und  Bernheim,  no.  14. 

Rudolf's  efforts  to  secure  the  crown  lands  which  had  been  seized 
during  the  interregnum  (see  introductory  note,  no.  146)  were  not 
successful.  The  princes  often  voted  that  he  should  recover  them, 
but  each  one  refused  to  give  up  those  which  he  himself  held.  In 
spite  of  his  continued  efforts,  Rudolf  was  unable  to  regain  any  large 
part  of  them. 

We,  Rudolf,  by  the  grace  of  God,  etc.,  by  this  document, 
declare  and  publicly  proclaim  that  while  we  were  holding 
court  in  a  regular  diet  at  Niirnberg,  a  decision  was  rendered 
and  all  our  princes,  nobles,  and  other  faithful  subjects  who 
were  present  agreed  to  it.  This  decision  was  that  all  gifts 
of  imperial  lands  and  possessions  confirmed  or  made  in  any 
way  by  Richard  the  king,  or  his  predecessors  in  the  Roman 
empire  since  the  sentence  of  deposition  was  passed  on  Fred- 
erick II  shall  be  invalid,  and  are  hereby  revoked,  except  those 
that  shall  be  approved  by  a  majority  of  the  electoral  princes. 

149.  AN  ELECTORAL  "LETTER  OF  CONSENT,"  1282. 

Stillfried  undMaerker,  Monuments  Zollerana,  II,  p.  138;  Altmannund  Bernheim, 
no.  15. 

The  power  of  the  electors  as  well  as  the  weakness  of  the  crown 
after  1273  are  shown  by  the  fact  that  the  electors  compelled  the 
king  to  secure  their  express  and  written  consent  before  taking  any 
important  action.  By  this  means  the  electors  hoped  to  control  the 


266    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

policy  of  the  king  and  to  make  their  own  positions  secure.  If  what 
the  king  proposed  to  do  was  not  to  their  interest,  they  made  him 
pay  well  for  their  consent.  We  give  here  an  interesting  example  of 
these  "letters  of  consent." 

Werner,  by  the  grace  of  God  archbishop  of  Mainz,  etc. 
Desiring  always  to  comply  promptly  with  the  wishes  of  our 
most  serene  lord,  Rudolf,  king,  etc.,  we  entirely  and  freely 
give  him  our  permission  to  grant  as  a  fief  the  villages  of 
Lenkersheim,  Erlebach,  and  Brucke,  with  all  their  belong- 
ings, to  Frederick,  the  burggrave  of  Niirnberg,  whenever  he 
wishes. 

150.  LETTER  OF  RUDOLF  TO  EDWARD  I,  KING  OF  ENG- 
LAND, ANNOUNCING  HIS  INTENTION  OF  INVESTING  HIS  SONS 
WITH  AUSTRIA,  ETC.,  1283. 

Rymer,  Feeders,  II,  p.  259. 

Rudolf's  chief  policy  was  the  aggrandizement  of  his  family.  By 
all  possible  means  he  endeavored  to  acquire  lands  in  such  a  way  that 
they  would  remain  in  the  possession  of  his  family,  no  matter  who 
should  be  elected  as  his  successor.  This  document  is  interesting  as 
throwing  light  on  his  ambitious  foreign  relations,  but  it  is  still  more 
important  because  it  speaks  of  a  great  event  in  the  good  fortunes  of 
the  Hapsburg  house,  namely:  the  acquisition  of  the  duchies  of 
Austria,  Styria,  and  Carinthia,  the  territorial  basis  for  its  future 
greatness.  See  no.  110,  for  the  origin  of  the  duchy  of  Austria. 

To  the  magnificent  prince,  Edward,  by  the  grace  of  God 
king  of  England  and  our  dearest  friend,  Rudolf,  by  the  same 
grace  king  of  the  Romans,  Augustus,  a  perpetual  increase 
of  love  and  friendship.  Although  the  Emperor  of  the 
eternal  empire,  the  creator  of  all  things,  has  stricken  our 
heart  with  an  incurable  wound  in  the  death  of  our  beloved 
son  Hartmann,  by  whose  marriage  our  two  houses  were  to 
be  bound  together  in  an  eternal  bond  of  friendship,  yet,  for 
our  part,  his  death  has  not  put  an  end  to  our  friendship 
for  you,  as  we  are  eager  to  demonstrate  in  every  way.  There- 


No.  152]    THE   EMPIRE   FROM   1250  TO   1500  267 

fore  we  have  thought  it  right  to  inform  you  that  we  are  pros- 
pering in  all  things,  and  have  been  successful  in  securing 
the  consent  of  the  electors  to  our  plans  for  raising  our  sons 
to  the  rank  of  princes  and  investing  them  with  the  duchies 
of  Austria,  Styria,  and  Carinthia. 

151.  DECREE  AGAINST  COUNTERFEITERS,  1285. 

M.  G.  LL.  folio,  II,  p.  446. 

Since  so  many  individuals,  cities,  and  monasteries  had  the  right 
to  coin  money,  it  was  impossible  to  keep  effective  control  of  the  coin- 
age. It  was  inevitable  that  it  would  in  the  course  of  time  be  de- 
based. During  the  interregnum  this  abuse  seems  to  have  grown 
rapidly. 

Rudolf,  etc.,  to  all  the  faithful  subjects  of  the  holy  Roman 
empire  to  whom  these  presents  come,  grace  and  every  good 
thing.  In  the  court  over  which  we  presided,  held  at  Mainz 
on  the  day  of  the  blessed  Virgin  Margaret,  we  asked  the 
princes,  counts,  nobles,  ministerials,  and  other  faithful  sub- 
jects of  our  empire  who  were  present,  what  should  be  the 
penalty  for  coiners  of  false  money,  for  those  who  pass  false 
money  or  knowingly  have  it  in  their  possession,  and  for  the 
lords  who  protect  such  persons  in  their  castles.  It  was  de- 
cided that  the  coiner  of  false  money  should  be  decapitated; 
that  he  who  passed  false  money  or  knowingly  had  it  in  his 
possession  should  lose  his  hand,  and  that  the  lord  who  pro- 
tected a  coiner  of  false  money  should  suffer  the  same  penalty 
as  the  coiner. 

152.  THE  BEGINNING  OF  THE   Swiss   CONFEDERATION, 
1290. 

Kopp,  Urkunden  zur  Geschichte  der  eidgenossischen  Bflnde,  no.  19. 
The  Swiss  confederation  had  its  beginning  in  the  following  league 
which  the  three  forest  cantons,  Uri,  Schwyz,  and  Unterwalden, 
made  in  1290.  It  is  in  itseU,  however,  a  renewal  of  a  still  older 
league,  the  history  of  which  is  unknown  to  us.  This  document 
reveals  the  fact  that  these  cantons  were  not  entirely  independent, 
but  were  subject  to  some  external  power.  For  instance,  they  did 


268    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

not  choose  or  create  their  own  judges,  but  received  them  from  some 
one  whom  they  recognized  as  their  lord.  The  next  document,  no. 
152  a,  shows  that  unfree  men,  probably  ministerials,  had  been  put 
over  them  as  judges. 

In  the  name  of  the  Lord,  amen.  It  is  a  good  thing  for  the 
public  utility  if  communities  agree  to  preserve  order  and 
peace.  Therefore  let  all  know  that  the  men  of  the  valley  of 
Uri,  and  the  community  of  the  valley  of  Schwyz,  and  the 
commune  of  those  who  live  within  the  mountains  of  the  lower 
valley  [Unterwalden],  considering  the  dangers  that  threaten 
them,  and  in  order  to  be  better  able  to  defend  themselves  and 
their  possessions,  have,  in  good  faith,  promised  mutually  to 
assist  each  other  with  aid,  counsel,  and  support,  and  with 
their  personals  well  as  their  possessions,  with  all  their  power 
and  with  their  best  effort,  within  the  valley  and  without, 
against  each  and  all  who  may  try  to  molest,  harm,  or  injure 
any  of  us  in  our  persons  or  in  our  possessions.  Each  com- 
mune promised  to  aid  the  others  whenever  it  should  be  neces- 
sary, and  at  its  own  expense  to  assist  the  others  in  repelling 
the  attacks  of  their  enemies  and  in  avenging  their  injuries. 
The  three  cantons  took  oath  that  they  would  do  these  things 
without  treachery. 

We  hereby  renew  the  ancient  agreement  which  has  existed 
among  us.  (1)  Each  man,  according  to  his  condition,  shall 
be  bound  to  obey  his  lord  and  to  serve  him  in  the  proper 
manner.  (2)  We  unanimously  promise,  decree,  and  ordain 
that  in  the  aforesaid  valleys  we  will  not  receive  any  judge 
who  has  bought  his  office  in  any  way,  or  who  is  not  an  inhab- 
itant of  the  valley.  (3)  If  a  dispute  arises  among  us,  the 
more  prudent  among  us  shall  meet  and  settle  it  as  seems  best 
to  them.  If  anyone  refuses  to  accept  their  decision  we  will 
all  assist  in  enforcing  it.  (4)  Above  all,  we  decree  that  who- 
ever treacherously  and  without  good  reason  kills  another  shall 
be  taken  and  put  to  death,  unless  he  can  prove  his  own 
innocence  and  a  grave  offence  of  the  other.  If  the  murderer 


No.  152  a]  THE   EMPIRE   FROM    1250  TO   1500          269 

runs  away,  he  shall  never  be  permitted  to  return  to  the  valley. 
All  who  receive  or  protect  such  a  malefactor  shall  be  driven 
out  of  the  valley  until  the  people  agree  to  permit  them  to 
return.  (5)  If  anyone,  by  day  or  night,  secretly  and  mali- 
ciously burns  the  house  of  another,  he  shall  never  again  be 
regarded  as  a  citizen  of  the  valley.  And  if  anyone  protects 
or  defends  such  a  malefactor  within  the  valley,  he  shall  make 
proper  satisfaction  to  him  whose  house  was  burned.  (6)  If 
anyone  seizes  the  property  of  another,  his  own  possessions,  if 
they  are  in  the  valley,  shall  be  seized  for  the  purpose  of  ren- 
dering just  satisfaction  to  him  whose  property  was  taken.  (7) 
No  one  shall  take  the  property  of  another  as  a  pledge 
[security],  unless  he  is  bondsman  for  him,  or  the  latter  is 
clearly  his  debtor,  and  then  only  with  the  special  permission 
of  the  judge.  (8)  Each  one  must  obey  his  judge,  and,  if 
necessary,  must  tell  the  name  of  the  judge  before  whom  he 
must  answer.  (9)  If  anyone  resists  the  decision  of  the  judge 
and  thereby  causes  damage  to  another,  we  are  all  bound  to 
assist  in  compelling  him  to  make  proper  satisfaction  to  him 
whom  he  has  injured.  (10)  If  war  [feud]  or  a  quarrel  arises 
between  any  of  us,  and  one  of  the  parties  refuses  or  neglects 
to  secure  its  justice  or  to  render  satisfaction,  we  are  all  bound 
to  defend  the  other  party. 

As  an  evidence  that  these  statutes  shall  be  binding  forever 
this  present  document  was  made  at  the  request  of  the  afore- 
said inhabitants  and  sealed  with  the  seals  of  the  three  com- 
munities. 

Done  in  the  year  of  our  Lord  1290,  at  the  beginning  of 
August. 

152  a.  EDICT  OF  RUDOLF,  FORBIDDING  JUDGES  OF  SERVILE 
RANK  TO  EXERCISE  AUTHORITY  IN  SCHWYZ,  1291. 

M.  G.  LL.  folio,  II,  p.  457. 

The  free  peasants  of  the  Swiss  cantons  had  a  serious  ground  of 
complaint  in  the  fact  that  feudal  lords  made  use  of  their  ministerials 


270    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

in  the  administration  of  justice.  Being  themselves  freemen,  the 
peasants  of  Schwyz  objected  to  being  tried  and  judged  by  men  of  un- 
free  rank,  as  the  ministerials  were.  See  nos.  296  and  297. 

Kudolf,  by  the  grace  of  God  king  of  the  Eomans,  Augus- 
tus, to  all  the  freemen  of  Schwyz,  his  beloved  subjects,  grace 
and  every  good  thing.  We  regard  it  as  unfitting  that  any 
person  of  servile  condition  should  be  made  a  judge  over  you. 
Therefore,  by  our  royal  authority  expressed  in  this  letter,  we 
decree  that  no  one  of  servile  condition  shall  ever  in  the  future 
exercise  the  authority  of  a  judge  over  you. 

153.  CONCESSIONS  OF  ADOLF,  COUNT  OF  NASSAU,  TO  THE 
ARCHBISHOP  OF  COLOGNE  IN  EETURN  FOR  HIS  VOTE,  1292. 

Ennen,  Wahl  des  Konigs  Adolf  von  Nassau,  pp.  56  ff;  Altmann  und  Bernheim, 
no.  16. 

Candidates  for  the  royal  crown  in  Germany  were  compelled  to 
practise  bribery  in  the  most  open  and  shameless  manner.  Each 
elector  was  determined  to  get  as  much  as  he  could  for  his  vote,  in 
one  way  or  another,  and  so  demanded  a  great  variety  of  things  from 
the  candidate.  We  give  the  agreement  which  Adolf,  count  of  Nassau, 
was  compelled  to  make  with  the  archbishop  of  Cologne  in  1292.  Of 
course  he  had  to  pay,  or  at  least  promise  to  pay,  something  to  each 
of  the  other  electors.  An  analysis  of  each  paragraph  will  make 
clear  the  advantages  which  the  archbishop  sought  to  obtain  from 
Adolf  in  return  for  his  vote. 

The  archbishop  of  Cologne  had  followed  a  policy  of  territorial  ex- 
pansion. The  great  commercial  interests  of  his  city  made  it  desira- 
ble that  it  should  control  the  water-way  to  the  sea  and,  if  possible, 
a  part  of  the  coast-line.  So  Siegfried  attempted  to  get  possession 
of  the  lands  which  lay  to  the  north  and  northwest,  between  Cologne 
and  the  sea.  This  brought  him  into  conflict  with  the  dukes  of 
Brabant,  and  led  to  a  war.  In  the  battle  of  Worringen,  June  6,  1228, 
the  archbishop  .was  defeated,  taken  prisoner,  and  held  as  a  captive 
for  eleven  months.  During  his  captivity  his  enemies  took  many  of 
his  possessions  from  him.  In  addition  to  these  misfortunes  the  peo- 
ple of  Cologne  rebelled  against  him,  and  seized  his  castles,  lands,  and 
revenues.  When  he  was  finally  released  from  captivity,  he  found 
himself  in  a  bad  plight.  He  was  without  troops,  his  castles  were 
either  destroyed  or  in  the  hands  of  his  enemies,  and  the  gates  of  his 


No.  153]    THE   EMPIRE   FROM   1250  TO   1500          271 

city  were  closed   against  him.     This  explains  many  of  the   things 
which  he  demanded  of  Adolf. 

Otto  "with  the  arrow,"  the  margrave  of  Brandenburg  (d.  1309), 
received  his  title  in  a  curious  way.  He  made  war  on  the  archbishop 
of  Magdeburg,  and  in  a  battle  was  struck  on  the  head  with  an  arrow. 
The  point  of  the  arrow  could  not  be  removed,  but  remained  in  his 
head  for  more  than  a  year.  On  this  account  he  was  afterward  called 
Otto  "with  the  arrow." 

We,  Adolf,  by  the  grace  of  God  count  of  Nassau,  etc. 
Long  before  the  empire  was  made  vacant  by  the  death  of 
Rudolf,  king  of  the  Romans,  we  had  vowed  to  God  to  go  on 
a  crusade,  if  it  were  possible,  and  to  render  a  pleasing  service 
to  God  for  the  remission  of  our  sins.  Now  we  could  do  much 
more  for  the  honor  of  God  and  the  recovery  of  the  holy  land, 
if  we,  although  unworthy,  were  elected  king  of  the  Romans. 
Since  our  reverend  father,  Siegfried,  archbishop  of  Cologne, 
is  laboring  for  our  election  and  will  vote  for  us,  of  our  own 
free  will  and  accord  we  promise  and  bind  ourselves  by  our 
word  of  honor  and  by  our  oath  to  do  the  following  things : 

(1)  If  we  are  elected  king  of  the  Romans,  we  will  protect 
and  defend  the  church  and  all  ecclesiastical  persons  in  all 
their  rights  and  liberties,  and  if  damage  is  done  them,  we 
will  endeavor  to  make  it  good.     And  we  promise  this  espe- 
cially of  the  church  of  Cologne,  which  has  now  for  a  long 
time  been  suffering  from  her  heavy  losses  and  misfortunes. 

(2)  Even  if  the  other  electors  do  not  vote  for  us,  we  will 
accept  the  election  at  the  hands  of  the  archbishop  of  Cologne, 
and  we  will  never  give  up  the  right  to  the  crown  which  his 
vote  gives  us. 

(3)  And  because  the  empire  cannot  prosper  if  the  holy 
church  of  Cologne,  which  has  suffered  so  many  losses  and 
misfortunes,  is  not  first  restored  by  the  aid  of  the  empire, 
we  promise  and  of  our  own  free  will  and  accord  bind  our- 
selves by  our  word  of  honor  and  by  our  oath  that  if  the  arch- 
bishop votes  for  us,  we  will  surrender  to  him  and  to  his  suc- 
cessors and  to  the   church  of  Cologne  the  fortresses  and 


272    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

strongholds,  Cochem,  Wied,  Landskrone,  Sinzig,  Duisburg, 
and  Dortmund,  in  order  that  he  may  better  defend  and  pre- 
serve the  right  of  the  realm  and  of  the  empire  in  those  parts, 
and  also  the  rights  of  the  church  of  Cologne,  against  their 
enemies  and  opponents.  We  will  free  these  places  from  the 
claims  of  those  who  now  hold  them,  and  we  will  give  them, 
with  all  their  rights,  income,  jurisdiction,  tolls,  and  belong- 
ings, to  be  held  and  possessed  by  the  said  archbishop  and  his 
successors  and  the  church  of  Cologne  as  long  as  we  live. 
And  we  will  never  demand  them,  or  any  part  of  their  income, 
of  the  archbishop  as  long  as  we  live.  We  grant  all  their 
income,  tolls,  and  profits  during  our  reign  to  the  archbishop 
in  return  for  his  services  in  holding  them  against  our  enemies 
and  those  of  the  empire.  We  reserve  for  ourselves  only  the 
free  right  to  enter  the  said  places  whenever  it  may  be  neces- 
sary. 

(4)  The  said  archbishop  and  the  church  of  Cologne  had 
pawned  their  castles,  Leggenich,  Wied,  Waldenburg,  Roden- 
burg,  and  Aspel,  to  count  Adolf  de  Monte  for  a  certain  sum 
of  money  in  order  to  liberate  the  archbishop  from  captivity; 
but  the  Roman  church  had  ordered  the  said  count  under 
threat  of  excommunication  and  interdict  to  restore  freely  and 
entirely  the  said  castles  to  the  archbishop  and  his  church 
and  had  commissioned  Rudolf,  the  late  king  of  the  Romans, 
to  see  that  he  did  so.     We  promise  therefore  that  we  will 
compel  count  Adolf  and  his  heirs  to  surrender  the  said  cas- 
tles and  the  village  of  Deutz  to  the  archbishop  and  his  church 
without  any  loss  and  without  the  payment  of  any  money. 

(5)  We  also  promise  to  restore  to  the  said  archbishop  the 
advocacy  and  jurisdiction  in  Essen,  and  the  manors  of  West- 
hoven,  Brakel,  and  Elnenhorst,  and  we  guarantee  to  him  the 
peaceable  possession  of  them. 

(6)  We  also  promise  to  maintain  the  archbishop  and  his 
successors  in  the  possession  of  the  castles  Wassenberg  and 
Leidberg,  and  we  will  aid  them  against  the  duke  of  Brabant 


No.  153]    THE  EMPIRE   FROM   1250  TO   1500          273 

and  the  count  of  Flanders  and  all  others  who  may  attempt  to 
invade  and  seize  these  possessions. 

(7)  If  the  archbishop  or  his  successors  and  the  church 
of  Cologne  wish  at  their  own  expense  to  rebuild  the  castles, 
Worringen,  Ysenburg,  Werl,  Minden,  Bavensberg,  Volmar- 
stein,  Hallenberg,  and  the  other  castles  of  the  church  of 
Cologne  which  were  destroyed  during  the  captivity  of  the 
archbishop,  we  promise  to  resist  all  violence  offered  them 
while  doing  so,  and  we  will  use  our  royal  power  against  those 
who  try  to  prevent  them  from  rebuilding  them. 

(8)  We  also  promise  to  confirm  the  archbishop  in  the 
possession  of  the  tolls  at  Andernach  and  Rheinberg,  and  we 
will  renew  all  the  grants  which  have  been  made  by  emperors 
and  kings  to  the  said  church. 

(9)  We  also  promise  to  restore  to  the  archbishop  and 
the  church  of  Cologne  the  castle  and  possessions  at  Zelten, 
of  which  the  archbishop  was  deprived  during  his  captivity 
by  the  count  of  Veldenz. 

(10)  We  also  promise  to  compel  the  citizens  of  Cologne 
to  make  the  proper  satisfaction  to  the  archbishop  and  the 
church  of  Cologne  for  their  offences  against  the  archbishop. 
They  have  now  been  excommunicated  a  year  and  a  day  and 
their  offence  is  notorious,  and  if  they  do  not  make  the  proper 
satisfaction  to  the  archbishop,  we  will,  at  the  request  of  the 
archbishop  and  the  church  of  Cologne,  proscribe  the  citizens 
and  confiscate  their  property.     And  we  will  labor  with  all 
our  might  and  at  our  own  expense  to  aid  the  archbishop  and 
his  successors  and -the  church  of  Cologne  against  the  citizens 
and  all  who  aid  them.     We  will  not  cease  to  make  war  on 
them  nor  will  we  make  a  peace,  truce,  or  agreement  with 
them  without  the  consent  of  the  archbishop,  and  in  such  mat- 
ters we  will  follow  his  wishes. 

(11)  We  also  promise  that  if  the  citizens  submit  to  the 
archbishop,  or  are  subjected  by  him,  we  will  not  in  any  way 
interfere  in  the  affairs  of  the  city,  nor  will  we  require  an  oath 


274    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

of  fidelity  and  homage  from  the  citizens,  because  the  city 
belongs  completely  to  the  archbishop  and  he  has  jurisdiction 
over  it  in  all  matters  both  spiritual  and  temporal. 

(12)  We  also  promise  to  renew  and  confirm  to  the  arch- 
bishop and  the  church  of  Cologne  their  protection  of  the 
monastery  of  Corvey,  which  was  granted  them  by  Rudolf, 
king  of  the  Romans,  and  we  will  recover  for  the  church  of 
Corvey  all  the  castles  and  strongholds  which  have  been  vio- 
lently taken  from  her. 

(13)  We  promise  to  give  the  archbishop  and  the  church 
of  Cologne  25,000  silver  marks  toward  defraying  the  neces- 
sary expenses  which  he  and  the  church  of  Cologne  are  bound 
to  have  in  performing  the  services  which  they  owe  to  the 
empire. 

(14)  In  order  to  secure  the  observance  of  these  promises, 
we  agree  to  get  the  castles,  Nassau,  Dillenburg,  Ginsberg, 
and  Segen,  with  the  full  consent  of  count  Henry,  his  wife, 
and  his  brother,  Emicho,  and  also  Braubach,  Rheinfels,  Lim- 
burg,  and  the  castle  and  town  of  Velmar,  with  the  consent 
of  their  lords  and  their  heirs,  and  we  will  put  all  these  places 
into  the  hands  of  the  archbishop,  his  successors,  and  the 
church  of  Cologne,  to  be  held  at  our  expense.     We  will  name 
fifty  nobles  and  knights  as  good  and  legal  security,  and  if 
the  archbishop  wishes,  we  will  go  into  Bonn  with  these  fifty 
nobles  within  fifteen  days,  and  we  will  not  leave  Bonn  until 
each  and  all  of  these  promises  have  been  fulfilled,  or  security 
given  that  they  will  be  fulfilled  to  the  satisfaction  of  the 
archbishop.  . 

(15)  We  also  agree  that  if  we  act  contrary  to  these  our 
promises,  or  fail  to  give  the  archbishop  security,  we  shall 
thereby  be  deposed  and  we  shall  lose  the  kingdom  to  which 
we  have  been  elected,  and  in  that  case  we  will  renounce  all 
claims  upon  the  realm  which  we  acquired  by  the  election. 
And  the  electors  shall  proceed  to  elect  another  king,  if  the 
archbishop  thinks  it  best. 


No.  153]    THE   EMPIRE   FROM    1250  TO   1500          275 

(16)  We  will  not  demand  the  coronation,  or  consecration, 
or  installation,  in  Aachen  from  the  archbishop,  nor  in  any 
way  trouble  him  about  it  until  we  have  given  him  full  security 
that  we  will  do  all  that  we  have  promised. 

(17)  We  likewise  cancel  the  debt  which  the  archbishop 
owes  us  on  account  of  the  tolls  at  Andernach,  which  he  had 
pawned  to  us. 

(18)  We  further  promise  to  call  before  our  court  the 
trial  which  is  pending  between  the  archbishop  and  the  count 
of  Nassau  for  the  recovery  of  losses  and  damages,  and  we 
will  decide  it  according  to  the  desire  of  the  archbishop. 

(19)  We  also  promise  to  seek  the  favor  and  friendship 
of  Otto  "with  the  arrow,"  the  margrave  of  Brandenburg,  for 
the  archbishop  and  the  church  of  Cologne,  as  well  as  the 
favor  of  count  Otto  of  Everstein. 

(20)  If  the  children   of  the  late  William,  brother   of 
Walram,  who  is  now  count  of  Jiilich,  bring  suit  or  make  war 
on  the  present   count,   Walram,  for  the  possession  of   the 
county  and  other  possessions,  we  will  assist  count  Walram. 
And  we  will  aid  him  against  the  duke  of  Brabant,  the  count 
of  Flanders,  and  others  who  may  make  war  on  him. 

(21)  We  will  give  the  said  count  Walram  the  town  of 
Diiren  as  long  as  we  live. 

(22)  The  office  of  Schultheiss .of  Aachen,  with  all  the 
rights  of  that  office,  we  will  give  to  whomsoever  the  arch- 
bishop may  choose. 

(23)  Rudolf,  king  of  the  Romans,  was  in  debt  to  the 
father  of  the  said  count,  Walram,  and  had  given  him  his 
note.     In  regard  to  this  debt  we  will  consult  our  friends  and 
the  archbishop,  and  we  will  do  what  is  right  and  in  some  way 
satisfy  the  count. 

(24)  We  also  promise  that  so  long  as  we  live  we  will  be 
favorable  and  friendly  to  the  archbishop  and  the  church  of 
Cologne,  and  we  will  aid  them  against  their  enemies,  and, 
without  the  consent  of  the  archbishop  and  his  successors., 


276    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

we  will  never  take  the  counts  of  Monte  and  Marka,  or  the 
duke  of  Brabant,  or  other  enemies  of  the  church  of  Cologne 
into  our  counsel  and  confidence. 

(25)  In  testimony  of  this  we  have  affixed  our  seal  to  this 
writing. 

(26)  We,  John,  lord  of  Limhurg;  Ulric,  lord  of  Hage- 
nau;  Godfrey  of  Merenberg,  and  John  of  Rheinberg,  at  the 
command  of  count  Adolf,  have  sworn  and  promised  that  we 
will  compel  the  said  count  Adolf  to  fulfil  each  and  all  of 
these  promises  without  treachery  and  fraud.     And  we  have 
affixed  our  seals  to  this  document. 

(27)  Besides  we,   Adolf,   promise  under  threat  of  the 
aforesaid  punishments,  that  we  will  not  enfeoff  anyone  with 
the  duchies  of  Austria  and  Limburg,  which  have  reverted  to 
the  crown,  nor  will  we  make  any  disposition  of  them  with- 
out the  express  and  written  consent  and  permission  of  the 
archbishop. 

154.  THE  ARCHBISHOP  OF  MAINZ  is  CONFIRMED  AS 
ARCHCHANCELLOR  OF  GERMANY,  1298. 

De  Guden,  Codex  Diplom.,  I,  pp.  904  f ;  Altmann  und  Bernheim,  no.  18. 

The  archbishop  of  Mainz  had  long  been  the  archchancellor  of  Ger- 
many, but  nearly  all  the  duties  of  the  office  were  performed  by  others. 
Although  his  office  had  become  a  sinecure,  he  wished  to  retain  it, 
because  of  the  dignity  which*the  title  gave  him,  as  well  as  the  income 
of  it.  The  archbishop  of  Mainz  had  been  a  determined  opponent  of 
the  Hapsburg  party  in  1292,  and  again  in  1298,  when  Adolf  was 
deposed,  he  was  not  at  first  favorable  to  the  candidacy  of  Albert. 
He  may  have  feared  that  Albert,  in  a  spirit  of  revenge,  would  attempt 
to  deprive  him  of  his  office,  or  at  least  of  some  of  its  perquisites. 

Albert,  by  the  grace  of  God,  king,  etc.  We  remember  with 
gratitude  how  ably  and  faithfully  Gerhard,  the  venerable 
archbishop  of  Mainz,  labored  to  elect  us  king  and  supported 
us  after  we  were  elected.  For  this  we  surely  ought  not  only 
to  protect  him  and  his  church  in  their  liberties,  rights,  and 
prerogatives,  but  also  to  show  him  still  greater  kindness  and 


No.  155]    THE   EMPIRE   FROM  1250  TO   1500          277 

favors.  We  therefore  declare  that  the  aforesaid  archbishop 
and  all  his  successors  in  the  archbishopric  are  and  ought  to 
be  archchancellors-  of  the  holy  empire  in  Germany.  And  we 
faithfully  promise  and  bind  ourselves  by  this  document  to 
maintain,  defend,  and  protect  the  said  archbishop  and  his 
successors  in  the  rights,  honors,  dignities,  and  liberties  which 
belong  to  them  because  of  their  office  as  archchancellor. 
That  is,  they  shall  always  receive  a  tenth  of  all  the  money 
which  we  collect  from  the  Jews,  and  they  shall  always  ap- 
point the  chancellor  to  take  their  place  [and  do  the  work  of 
their  office],  and  they  shall  have  all  the  profits  accruing  from 
this  office,  whether  the  said  archbishops  are  actually  present 
at  our  court  or  not. 

155.    DECLARATION  OP  THE  ELECTION  OP  HENRY  VII, 

1308. 

M.  G.  LL.  folio,  II,  p.  491;*Altmann  und  Bernheim,  no.  19. 

This  document  shows  the  last  step  in  the  election  of  a  German 
king.  After  all  the  electors  had  discussed  the  candidates  and  ex- 
pressed their  choice,  the  count  palatine  of  the  Rnine  may  be  said  to 
have  cast  the  vote  of  the  whole  body  of  electors  for  the  candidate 
upon  whom  they  had  agreed. 

In  the  name  of  the  Father,  Son,  and  Holy  Spirit,  amen. 
The  kingdom  and  the  empire  of  the  Romans  having  become 
vacant  by  the  death  of  Albert,  king  of  the  Romans,  of  blessed 
memory,  notices  were  sent  to  all  who  have  the  right  to  vote 
in  the  election  of  a  new  king  of  the  Romans,  and  on  the  day 
set  all  those  who  have  any  part  in  it  were  present  and  agreed 
to  proceed  to  the  election.  And  after  each  of  the  electors 
had  declared  his  choice  it  appeared  that  all  had  given  their 
votes  for  Henry,  count  of  Luxemburg,  agreeing  upon  him 
and  naming  him  as  king-elect,  because  they  were  confident 
from  what  they  knew  of  his  merits  and  his  fidelity  that  he 
would  defend  and  foster  the  holy  Roman  and  universal 
church  in  her  spiritual  and  temporal  interests  and  would 


278    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

govern  wisely  the  empire  with  the  aid  of  God.  Now,  there- 
fore, I,  Rudolf,  count  palatine  of  the  Rhine,  for  myself  and 
my  coelectors,  by  the  authority  which  they  have  specially 
conceded  to  me  do  elect  this  Henry,  count  of  Luxemburg, 
king  of  the  Romans,  advocate  of  the  holy  Roman  and  uni- 
versal church,  and  defender  of  widows  and  orphans,  and  I 
invoke  upon  him  the  grace  of  the  Holy  Spirit. 

156.  THE  SUPPLYING  OF  THE  OFFICE  OF  THE  ARCHCHAN- 
CELLOR  OF  ITALY,  1310. 

Lacomblet,   Urkundenbuch   fflr   die   Geschichte   des   Niederrheins,   III,   p.   70; 
Alt  man  ii  und  Bernheim,  no.  20. 

The  archbishop  of  Cologne  as  archchancellor  of  Italy  wished  to 
enjoy  the  honors  and  revenues  of  his  office,  but  the  work  connected 
with  it  was  done  by  some  one  else.  For  some  reason  he  did  not 
wish  to  go  into  Italy  with  the  king.  So  Henry  VII  confirmed  him  in 
his  rights,  and  excused  him  from  accompanying  him. 

Henry,  by  the  grace  of  God  king  of  the  Romans,  Augus- 
tus, to  all  present  and  future  subjects  of  the  holy  Roman 
empire,  grace  and  every  good  thing.  .  .  .  Henry,  ven- 
erable archbishop  of  Cologne,  archchancellor  of  the  empire 
for  Italy  and  our  very  dear  prince,  has  excused  himself  from 
accompanying  us  across  the  Alps,  whither,  God  willing,  we 
are  shortly  going,  because  he  is  so  occupied  with  our  affairs 
here  and  with  the  interests  of  the  empire  and  of  his  own 
church.  Therefore,  at  his  request,  we  have  appointed  a  suit- 
able person  to  accompany  us  in  his  place,  and  to  exercise  the 
office  of  chancellor  in  Italy  for  him,  guarding  the  seals  and 
performing  such  other  duties  as  the  office  may  require.  We 
have  also  granted  to  the  archbishop  as  a  special  grace,  be- 
cause of  his  conspicuous  merits,  that  the  honor,  authority, 
and  profits  of  the  office  shall  belong  entirely  to  him  and  to  his 
church  of  Cologne.  He  whom  we  have  put  in  charge  of  the 
office  shall  perform  the  duties  of  the  chancellor  in  Italy  in 
the  place  of  the  archbishop,  and  all  persons  shall  obey  him 


No.  157]     THE   EMPIRE   FROM  1250  TO   1500  279 

in  all  matters  regarding  the  rights  and  revenues  belonging 
to  the  archbishop  of  Cologne  and  shall  appear  before  him  at 
the  accustomed  place  and  time. 

157.  THE  LAW  "LICET  JURIS"  OF  THE  DIET  OF  FRANK- 
FORT, AUGUST  8,  1338. 

Altniann  und  Benxheim,  no.  27. 

John  XXII  had  declared,  in  his  struggle  with  Ludwig  the  Bava- 
rian, that  he  had  the  right  to  confer  the  imperial  crown,  and  to 
administer  the  empire  during  a  vacancy.  His  broad  claims  offended 
the  German  people  and  led  to  a  spirited  but  brief  exhibition  of 
national  sentiment.  The  electors  met  at  Rense,  1338,  and  emphatic- 
ally declared  that  the  imperial  crown  was  not  in  any  way  dependent 
on  the  will  of  the  pope,  but  that  he  whom  they  elected  king  of  Ger- 
many was  thereby  made  emperor  without  any  action  on  the  part  of 
the  pope.  A  few  days  later  a  diet  was  held  at  Frankfort,  and  the 
decision  of  the  electors  at  Rense  was  enacted  as  a  law.  But  it  must 
be  said  that  the  electors  themselves  nullified  it  by  appealing  to  the 
pope  for  aid  when  they  deposed  Ludwig  and  elected  Charles  IV 
(1346-7). 

Both  the  canon  and  the  civil  law  declare  plainly  that  the 
dignity  and  authority  of  the  emperor  came  of  old  directly 
from  the  Son  of  God,  that  God  has  appointed  the  emperors 
and  kings  of  the  world  to  give  laws  to  the  human  race,  and 
that  the  emperor  obtains  his  office  solely  through  his  election 
by  those  who  have  the  right  to  vote  in  imperial  elections  [the 
electors],  without  the  confirmation  and  approval  of  anyone 
else.  For  in  secular  affairs  he  has  no  superior  on  earth,  but 
rather  is  the  ruler  of  all  nations  and  peoples.  Moreover,  our 
Lord  Jesus  Christ  has  said :  "  Render  unto  Caesar  the  things 
which  are  Caesar's,  and  unto  God  the  things  which  are  God's." 
Nevertheless,  certain  persons,  blinded  by  avarice  and  ambi- 
tion, and  totally  ignorant  of  the  Scriptures,  have  distorted 
the  meaning  of  certain  passages  by  false  and  wicked  interpre- 
tations, and  on  this  basis  have  attacked  the  imperial  author- 
ity and  the  rights  of  the  emperors,  electors,  and  other 
princes  and  subjects  of  the  empire.  For  they  wrongfully 


280    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

assert  that  the  emperor  derives  his  position  and  authority 
from  the  pope,  and  that  the  emperor  elect  is  not  the  real 
emperor  until  his  election  is  confirmed  and  approved,  and  he 
is  crowned  by  the  pope.  These  false  and  dangerous  asser- 
tions are  clearly  the  work  of  the  ancient  enemy  of  mankind, 
attempting  to  stir  up  strife  and  discord,  and  to  bring  about 
confusion  and  dissensions  among  men. 

In  order  to  prevent  this  we  now  declare  by  the  advice  and 
with  the  consent  of  the  electors  and  other  princes  of  the 
empire,  that  the  emperor  holds  his  authority  and  position 
from  God  alone,  and  that  it  is  the  ancient  law  and  custom 
of  the  empire  that  he  who  is  elected  emperor  or  king  by  the 
electors  of  the  empire,  thereby  becomes  true  king  and  em- 
peror of  the  Romans,  and  should  be  obeyed  by  all  the  sub- 
jects of  the  empire,  and  has  full  power  to  administer  the 
laws  of  the  empire  and  to  perform  all  the  functions  of  the 
emperor,  without  the  approval,  confirmation,  authorization, 
or  consent  of  the  pope  or  any  other  person. 

Therefore,  we  decree  by  this  perpetual  edict  that  the  em- 
peror elected  by  the  electors  or  a  majority  of  them  is  to  be 
regarded  and  considered  by  all  to  be  the  true  and  lawful 
emperor,  by  reason  of  the  election  alone;  that  he  is  to  be 
obeyed  by  all  subjects  of  the  empire;  and  that  he  has,  and 
all  must  hold  and  assert  that  he  has,  the  complete  imperial 
power  of  administration  and  jurisdiction.  If  anyone  contra- 
dicts these  decrees  and  decisions  or  any  one  of  them,  or 
agrees  with  those  who  contradict  them,  or  yields  obedience  to 
the  commands,  letters,  or  instructions  of  opponents  of  these 
decrees,  we  hereby  deprive  him  and  declare  him  to  be  de- 
prived, by  virtue  of  his  act  and  of  this  law,  of  all  fiefs  which 
he  holds  of  the  empire,  and  of  all  favors,  jurisdiction,  privi- 
leges, and  immunities  which  have  been  granted  to  him  by 
us  or  by  our  predecessors.  Moreover,  we  declare  that  he  is 
guilty  of  offence  against  the  majesty  of  the  emperor,  and 
subject  to  the  penalties  incurred  by  this  offence. 


No.  158]    THE  EMPIRE   FROM  1250  TO   1500  281 

158-159.     THE  DIET  OF  COBLENZ,  1338. 
158.     CHRONICLE  OF  FLANDERS.     (FRENCH.) 

Bohmer,  Fontes  rerum  Germanicarum,  I,  pp.  190  f. 

The  name  of  the  empire  was  still  something  to  conjure  with, 
although  it  was  little  more  than  a  name.  Not  only  had  the  em- 
perors long  since  ceased  to  exercise  any  authority  over  the  nations 
of  Europe,  but  they  had  also  become  mere  figure-heads  in  Germany 
and  Italy.  Ludwig  of  Bavaria  was  not  only  cowardly  and  ineffectual, 
but  he  was  also  without  the  means  necessary  to  secure  a  vigorous 
forcible  government  in  Germany.  Even  the  thought  of  his  disposing 
of  the  French  crown,  or  interfering  effectively  in  the  affairs  of  France, 
was  absurd.  These  two  documents  show  that  the  idea  of  the  world- 
wide empire  lived  on,  and  illustrate  the  way  in  which  otherwise 
sensible  men  could  make  use  of  it  when  it  suited  their  purpose. 
Edward  III,  who  was  just  beginning  the  Hundred  Years'  War,  was 
seeking  allies  against  France.  In  securing  an  alliance  with  the 
emperor  and  the  appointment  as  imperial  vicar  in  the  Netherlands, 
his  purpose  was  to  acquire  the  right  to  call  on  the  nobles  of  that 
territory  to  aid  him  in  his  war. 

How  the  emperor,  wearing  the  imperial  insignia,  held  a 
diet. 

The  Saturday  before  the  Nativity  of  our  Lady,  in  Sep- 
tember of  the  year  of  grace  1338,  the  electoral  princes  of 
Germany  came  together  at  Coblenz,  and  there  they  held  a 
diet,  placing  the  emperor,  Ludwig  of  Bavaria,  upon  a  throne 
twelve  feet  high.  The  emperor  wore  a  robe  of  changeable 
silk,  and  over  it  a  mantle,  and  broad  fanons  on  his  arms. 
He  wore  a  stole, -crossed  on  his  breast  like  that  of  a  priest 
and  richly  embroidered  with  his  arms;  and  on  his  feet  he 
wore  shoes  made  of  the  same  cloth  as  his  robe.  On  his  head 
he  wore  a  round  mitre  surmounted  by  a  heavy  golden  crown ; 
the  crown  was  covered  with  flowers  worked  in  gold,  and  in 
the  front  was  a  cross  of  gold  which  overtopped  the  flowers. 
He  wore  white  silk  gloves  on  his  hands  and  precious  rings  on 
his  fingers.  In  his  right  hand  he  held  a  golden  globe  sur- 
mounted by  a  cross,  and  in  his  left  a  sceptre.  At  the  right 
of  the  emperor  sat  the  margrave  of  the  East  Mark  and  of 


282    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Meissen,  to  whom  the  emperor  gave  the  globe  to  hold.  The 
king  of  England  sat  beside  the  emperor  on  a  lower  throne, 
clad  in  a  scarlet  robe,  on  the  breast  of  which  a  castle  was 
embroidered.  At  the  left  of  the  emperor  sat  the  margrave 
of  Jiilich,  to  whom  the  emperor  gave  the  sceptre  to  hold. 
Two  steps  below  the  emperor  sat  the  electoral  princes  of  the 
empire.  Sire  de  Kuck,  representing  the  duke  of  Brabant, 
stood  behind  the  emperor,  about  two  feet  above  him,  holding 
a  naked  sword.  And  the  emperor,  seated  on  the  throne  and 
holding  a  diet,  proclaimed  to  all  by  the  words  of  his  own 
mouth  that  he  had  created  the  king  of  England  his  vicar  and 
lieutenant. 

159.    CHRONICLE  OF  HENRY  KNYGHTON. 

Bohmer,  Fontes  rerum  Gennanicarum,  I,  pp.  191  f. 
See  introductory  note  to  no.  158. 

When  the  emperor  learned  of  the  approach  of  king  Edward, 
he  set  out  from  his  place  to  meet  him,  and  after  travelling 
four  days  he  met  him  near  Coblenz,  receiving  him  there  with 
great  honor.  Two  richly  decorated  thrones,  were  set  up  in 
the  market-place,  and  on  these  the  emperor  and  the  king  sat. 
There  were  present  in  attendance  four  dukes,  three  arch- 
bishops, six  bishops,  and  thirty-seven  counts,  besides  a  great 
number,  estimated  by  the  heralds  at  17,000,  of  barons,  bar- 
onets, knights,  and  others.  The  emperor  held  in  his  right 
hand  the  imperial  sceptre,  and  in  his  left  the  golden  globe  as 
a  symbol  of  world-wide  authority.  A  certain  knight  held  a 
drawn  sword  above  his  head.  And  the  emperor  in  the  pres- 
ence of  the  people  gathered  there  proclaimed  to  all  the  crimes, 
disobedience,  and  wickedness  of  the  king  of  France.  And 
after  he  had  declared  that  the  king  of  France  had  broken 
his  faith  to  the  emperor,  he  published  a  decree  of  forfeiture 
against  him  and  his  followers.  Then  the  emperor  made  king 
Edward  his  vicar  and  gave  him  authority  over  the  land  from 


No.  160]    THE  EMPIRE   FROM  1250  TO   1500  283 

Cologne  to  the  sea,  presenting  him  with  a  charter  of  this  in 
the  sight  of  all  the  people. 

On  the  next  day  the  emperor  and  the  king  of  England 
and  their  nobles  assembled  in  the  cathedral,  and  the  arch- 
bishop of  Cologne  said  mass.  And  after  mass  the  emperor 
and  all  his  nobles  swore  to  aid  the  king  of  England  and  to 
maintain  his  quarrel  against  the  king  of  France  with  their 
lives  for  seven  years,  if  the  war  between  the  said  kings  should 
last  so  long.  They  also  swore  that  all  the  nobles  in  the  ter- 
ritory from  Cologne  to  the  sea  would  come  at  the  summons 
of  the  king  of  England  to  join  him  in  an  attack  upon  the 
king  of  France  at  any  place  and  at  any  time  set  by  him.  If 
any  one  of  them  should  fail  to  obey  the  king  of  England  in 
these  matters,  all  the  other  nobles  of  northern  Germany  would 
attack  and  destroy  him.  These  affairs  having  been  arranged 
and  settled,  the  king  of  England  received  the  grant  of  au- 
thority and  returned  to  Brabant. 


1 60.    THE  GOLDEN  BULL  OF  CHAELES  IV,  1356. 

Altmann  und  Bernheim,  no.  29. 

Various  things  had  led  the  emperors  to  follow  the  policy  of  con- 
ferring crown  rights  upon  their  princes.  In  order  to  carry  out  their 
Italian  policy  the  Hohenstaufen  had  sacrificed  the  power  of  the  crown 
in  Germany  (see  nos.  110-112,  136,  138,  139),  and  after  the  inter- 
regnum the  electors  pillaged  the  crown  at  every  opportunity  (see 
nos.  149,  153).  The  result  was  that  the  crown  was  stripped  of 
authority,  while  the  princes  had  developed  almost  complete  sover- 
eignty in  their  lands.  Charles  IV,  in  the  Golden  Bull,  attempted  to 
fix  as  in  a  constitution  the  actual  rights  and  status  of  the  princes. 
He  saw  that  Germany  was  no  longer  a  monarchy,  but  a  federation 
of  princes. 

Although  from  1273  the  number  of  electors  was  fixed  at  seven,  it 
was  not  always  clear  who  these  seven  were.  Thus  in  1313  two  men 
claimed  to  possess  the  electoral  vote  of  Saxony,  and  two  others,  that 
of  Bohemia.  Charles  IV  made  provisions  to  prevent  the  recurrence 
of  such  a  situation  by  attaching  the  electoral  vote  to  the  possession 
of  certain  lands  (see  chaps.  VII,  XX,  and  XXV). 


284    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

Charles  IV  was  himself  king  of  Bohemia,  and,  knowing  that  it  was 
hopeless  to  attempt  to  restore  the  German  kingship,  he  exerted  him- 
self in  the  Golden  Bull  to  secure  for  Bohemia  all  the  advantages 
possible. 

PART  I. 

(Published  at  Nurnberg,  January  10,  1356.) 

CHAPTER  I. 

ESCORT  AND   SAFE-CONDUCT   FOR   THE   ELECTORS. 

1.  We  decree  and  determine  by  this  imperial  edict  that, 
whenever  the  electoral  princes  are  summoned  according  to 
the  ancient  and  praiseworthy  custom  to  meet  and  elect  a  king 
of  the  Romans  and  future  emperor,  each  one  of  them  shall 
be  bound  to  furnish  on  demand  an  escort  and  safe-conduct 
to  his  fellow  electors  or  their  representatives,  within  his  own 
lands  and  as  much  farther  as  he  can,  for  the  journey  to  and 
from  the  city  where  the  election  is  to  be  held.    Any  electoral 
prince  who  refuses  to  furnish  escort  and  safe-conduct  shall 
be  liable  to  the  penalties  for  perjury  and  to  the  loss  of  his 
electoral  vote  for  that  occasion. 

2.  We  decree  and  command  also  that  all  other  princes 
who  hold  fiefs  from  the  empire  by  whatever  title,  and  all 
counts,  barons,  knights,  clients,  nobles,  commoners,  citizens, 
and  all  corporations  of  towns,  cities,  and  territories  of  the 
empire,  shall  furnish  escort  and  safe-conduct  for  this  occasion 
to  every  electoral  prince  or  his  representatives,  on  demand, 
within  their  own  lands  and  as  much  farther  as  they  can. 
Violators  of  this  decree  shall  be  punished  as  follows :  Princes, 
counts,  barons,  knights,  clients,  and  all  others  of  noble  rank, 
shall  suffer  the  penalties  of  perjury,  and  shall  lose  the  fiefs 
which  they  hold  of  the  emperor  or  any  other  lord,  and  all 
their  other  possessions;  citizens  and  corporations  shall  also 
suffer  the  penalty  for  perjury,  shall  be  deprived  of  all  the 
rights,  liberties,  privileges,  and  graces  which  they  have  re- 
ceived from  the  empire,  and  shall  incur  the  ban  of  the  empire 


No.  160]    THE  EMPIRE   FROM   1250  TO   1500  285 

against  their  persons  and  property.  Those  whom  we  deprive 
of  their  rights  for  this  offence  may  be  attacked  by  any  man 
without  appealing  to  a  magistrate,  and  without  danger  of 
reprisal,  for  they  are  rebels  against  the  state  and  the  empire, 
and  have  attacked  the  honor  and  security  of  the  prince,  and 
are  convicted  of  faithlessness  and  perfidy. 

3.  We  also  command  that  the  citizens  and  corporations  of 
cities  shall  furnish  supplies  to  the  electoral  princes  and  their 
representatives  on  demand  at  the  regular  price  and  without 
fraud,  whenever  they  arrive  at,  or  depart  from,  the  city  on 
their  way  to  or  from  the  election;  those  who  violate  this 
decree  shall  suffer  the  penalties  described  in  the  preceding 
paragraph   for  citizens   and  corporations.      If   any   prince, 
count,  baron,  knight,  client,  noble,  commoner,  citizen,  or  city 
shall  attack  or  molest  in  person  or  goods  any  of  the  electoral 
princes  or  their  representatives,  on  their  way  to  or  from  an 
election,  whether  they  have  safe-conduct  or  not,  he  and  his 
accomplices  shall  incur  the  penalties  above  described,  accord- 
ing to  his  position  and  rank. 

4.  If  there  should  arise  any  enmity  or  hostility  between 
two  electoral  princes,  it  shall  not  be  allowed  to  interfere  with 
the  safe-conduct  which  each  is  bound  to  furnish  to  the  other 
on  the  occasion  of  the  election,  under  penalty  of  being  de- 
clared guilty  of  perjury,  and  being  deprived  of  his  vote  for 
that  occasion,  as  described  above. 

5.  If  any  other  princes,  counts,  barons,  knights,  clients, 
nobles,  commoners,  citizens,  or  cities  are  at  war  with  any  elec- 
toral prince  or  princes,  they  shall  nonetheless  be  bound  to 
furnish  to  them  and  their  representatives  escort  and  safe- 
conduct  for  the  journey  to  and  from  the  election,  under  the 
same  penalties.     In  order  to  render  the  observance  of  the 
above  demands  more  certain,  we  desire  and  instruct  all  elec- 
toral and  other  princes,  and  all  counts,  barons,  nobles,  cities, 
and  corporations  to  bind  themselves  by  oaths  and  written 
promises  to  observe  them.     If  anyone  refuses  to  do  this,  he 


286    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

shall  incur  the  penalties  above  described,  according  to  his 
rank  and  station. 

6.  If  any  electoral  prince  violates  any  of  the  above  or  fol- 
lowing laws  of  the  empire,  he  shall  be  excluded  by  his  fellow- 
electors  from  their  body,  and  shall  be  deprived  of  his  vote 
and  his  electoral  dignity,  and  of  his  right  to  hold  fiefs  of  the 
empire.     If  any  other  prince  of  any  rank  or  station,  or  any 
count,  baron,  or  noble  who  holds  fiefs  of  the  empire,  or  any 
of  their  successors  to  their  fiefs,  is  guilty  of  a  similar  crime, 
he  shall  not  be  invested  with  the  fiefs  which  he  holds  of  the 
empire,  nor  be  able  to  receive  a  fief  from  any  other  lord,  and 
he  shall  incur  the  above  penalties,  according  to  his  rank. 

7.  The  above  rules  apply  to  escorts  and  safe-conduct  in 
general,  but  we  have  thought  it  well  to  indicate  also  the 
neighboring  lands  which  should  furnish  escort  and  safe-con- 
duct in  each  separate  case  to  each  elector. 

8.  To  the  king  of  Bohemia,  the  chief  cup-bearer  of  the 
empire,  the  following  should  furnish  escort  and  safe-conduct : 
the  archbishop  of  Mainz,  the  bishops  of  Bamberg  and  Wurz- 
burg,  the  burggrave  of  Niirnberg,  etc. 

9.  To  the  archbishop  of  Cologne,  archchancellor  of  the 
empire  for  Italy,  the  archbishops  of  Mainz  and  Trier,  the 
count  palatine  of  the  Rhine,  the  landgrave  of  Hesse,  etc. 

10.  To  the  archbishop  of  Trier,  archchancellor  of  the  em- 
pire for  Gaul  and  the  kingdom  of  Aries,  the  archbishop  of 
Mainz,  the  count  palatine  of  the  Rhine,  etc. 

11.  To  the  count  palatine  of  the  Rhine,  the  archbishop 
of  Mainz. 

12.  To  the  duke  of  Saxony,  archmarshall  of  the  empire, 
the  king  of  Bohemia,  the  archbishops  of  Mainz  and  Magde- 
burg, the  bishops  of  Bamberg  and  Wiirzburg,  the  margrave 
of  Meissen, "the  landgrave  of  Hesse,  the  abbots  of  Fulda  and 
Hersfeld,  the  burggrave  of  Niirnberg,  etc.     These  shall  also 
furnish  escort  and  safe-conduct  to  the  margrave  of  Branden- 
burg, the  archchamberlain  of  the  empire.. 


No.  160]    THE  EMPIRE  FROM  1250  TO   1500  287 

13.  We  wish  and  command  that  each  electoral  prince 
should  give  due  notice  to  those  from  whom  he  intends  to 
require  safe-conduct,  of  his  journey  and  of  the  route  by  which 
he  intends  to  go ;  and  he  should  make  a  formal  demand  upon 
such  persons  for  safe-conduct,  in  order  that  they  may  be  able 
to  make  fitting  preparations. 

14.  The  above  decrees  concerning  safe-conduct  are  to  be 
understood   to    mean    that   any   person,   whether   expressly 
named  or  not,  from  whom  safe-conduct  is  demanded  on  the 
occasion  of  the  election,  must  furnish  it  in  good  faith  within 
his  own  lands,  and  as  much  farther  as  he  can,  under  the 
penalties  described  above. 

15.  It  shall  be  the  duty  of  the  archbishop  of  Mainz  to 
send  notice  of  the  approaching  election  to  each  of  the  electoral 
princes  by  his  messenger  bearing  letters  patent,  containing 
the  following :  first,  the  date  on  which  the  letter  should  reach 
the  prince  to  whom  it  is  directed;  then  the  command  to  the 
electoral  prince  to  come  or  send  his  representatives  to  Frank- 
fort on  the  Main,  three  months  from  that  date,  such  repre- 
sentatives being  duly  accredited  by  letters  bearing  the  great 
seal  of  the  prince,  and  giving  them  full  power  to  vote  for  the 
king  of  the  Romans  and  future  emperor.    The  form  of  the 
letter  of  notification  and  of  the  credentials  of  the  representa- 
tives are  appended  to  this  document,  and  we  hereby  command 
that  these  forms  be  used  without  change. 

16.  When  the  news  of  the  death  of  the  king  of  the  Romans 
has  been  received  at  Mainz,  within  one  month  from  the  date 
of  receiving  it  the  archbishop  of  Mainz  shall  send  notices  of 
the  death  and  of  the  approaching  election  to  all  the  electoral 
princes.     But  if  the  archbishop  neglects  or  refuses  to  send 
such  notices,  the  electoral  princes  are  commanded  on  their 
fidelity  to  assemble  on  their  own  motion  and  without  sum- 
mons at  the  city  of  Frankfort  within  three  months  from  the 
death  of  the  emperor,  for  the  purpose  of  electing  a  king  of 
the  Romans  and  future  emperor. 


288    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

17.  Each  electoral  prince  or  his  representatives  may  bring 
with  him  to  Frankfort  at  the  time  of  the  election  a  retinue 
of  200  horsemen,  of  whom  not  more  than  50  shall  be  armed. 

18.  If  any  electoral  prince,  duly  summoned  to  the  elec- 
tion, fails  to  come  or  to  send  representatives  with  credentials 
containing  full  authority,  or  if  he  or  his  representatives  with- 
draws from  the  place  of  the  election  before  the  election  has 
been    completed,   without   leaving   behind    substitutes    fully 
accredited  and  empowered,  he  shall  lose  his  vote  in  that 
election.     .     .     . 

CHAPTER  H. 

THE   ELECTION   OF  THE   KING   OF  THE   ROMANS. 

1.  (Mass  shall  be  celebrated  on  the  day  after  the  arrival 
of  the  electors.     The  archbishop  of  Mainz  administers  this 
oath,  which  the  other  electors  repeat:) 

2.  "I,  archbishop  of  Mainz,  archchancellor  of  the  empire 
for  Germany,  electoral  prince,  swear  on  the  holy  gospels  here 
before  me,  and  by  the  faith  which  I  owe  to  God  and  to  the 
holy  Roman  empire,  that  with  the  aid  of  God,  and  according 
to  my  best  judgment  and  knowledge,  I  will  cast  my  vote,  in 
this  election  of  the  king  of  the  Romans  and  future  emperor, 
for  a  person  fitted  to  rule  the  Christian  people.     I  will  give 
my  voice  and  vote  freely,  uninfluenced  by  any  agreement, 
price,  bribe,  promise,  or  anything  of  the  sort,  by  whatever 
name  it  may  be  called.     So  help  me  God  and  all  the  saints." 

3.  After  the  electors  have  taken  this  oath,  they  shall  pro- 
ceed to  the  election,  and  shall  not  depart  from  Frankfort 
until  the  majority  have  elected  a  king  of  the  Romans  and 
future  emperor,  to  be  ruler  of  the  world  and  of  the  Christian 
people.     If  they  have  not  come  to  a  decision  within  thirty 
days  from  the  day  on  which  they  took  the  above  oath,  after 
that  they  shall  live  upon  bread  and  water  and  shall  not  leave 
the  city  until  the  election  has  been  decided. 

4.  Such  an  election  shall  be  as  valid  as  if  all  the  princes 


No.  160]     THE   EMPIRE  FROM   1250  TO   1500          289 

had  agreed  unanimously  and  wi'thout  difference  upon  a  can- 
didate. If  any  one  of  the  princes  or  his  representatives  has 
been  hindered  or  delayed  for  a  time,  but  arrives  before  the 
election  is  over,  he  shall  be  admitted  and  shall  take  part  in 
the  election  at  the  stage  which  had  been  reached  at  the  time 
of  his  arrival.  According  to  the  ancient  and  approved  cus- 
tom, the  king  of  the  Romans  elect,  immediately  after  his  elec- 
tion and  before  he  takes  up  any  other  business  of  the  empire, 
shall  confirm  and  approve  by  sealed  letters  for  each  and  all 
of  the  electoral  princes,  ecclesiastical  and  secular,  the  privi- 
leges, charters,  rights,  liberties,  concessions,  ancient  customs, 
and  dignities,  and  whatever  else  the  princes  held  and  pos- 
sessed from  the  empire  at  the  time  of  the  election;  and  he 
shall  renew  the  confirmation  and  approval  when  he  becomes 
emperor.  The  original  confirmation  shall  be  made  by  him  as 
king,  and  the  renewal  as  emperor.  It  is  his  duty  to  do  this 
graciously  and  in  good  faith,  and  not  to  hinder  the  princes 
in  the  exercise  of  their  rights. 

5.  In  the  case  where  three  of  the  electors  vote  for  a  fourth 
electoral  prince,  his  vote  shall  have  the  same  value  as  that 
of  the  others  to  make  a  majority  and  decide  the  election. 

CHAPTER  III. 

THE   LOCATION   OF   THE   SEATS   OF  THE   ARCHBISHOPS  OF  TRIER,  COLOGNE, 
AND   MAINZ. 

In  the  name  of  the  holy  and  undivided  Trinity,  amen. 
Charles  by  the  grace  of  God  emperor  of  the  Romans,  Augus- 
tus, and  king  of  Bohemia.  ...  To  prevent  any  dispute 
arising  between  the  archbishops  of  Trier,  Mainz,  and  Cologne, 
electoral  princes  of  the  empire,  as  to  their  priority  and  rank 
in  the  diet,  it  has  been  decided  and  is  hereby  decreed  with  the 
advice  and  consent  of  all  the  electoral  princes,  ecclesiastical 
and  secular,  that  the  archbishop  of  Trier  shall  have  the  seat 
directly  opposite  and  facing  the  emperor ;  that  the  archbishop 
of  Mainz  shall  have  the  seat  at  the  right  of  the  emperor  when 


290    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  diet  is  held  in  the  diocese  or  province  of  Mainz,  or  any- 
where in  Germany  except  in  the  diocese  of  Cologne;  that  the 
archbishop  of  Cologne  shall  have  the  seat  at  the  right  of  the 
emperor  when  the  diet  is  held  in  the  diocese  or  province  of 
Cologne,  or  anywhere  in  Gaul  or  Italy.  This  applies  to  all 
public  ceremonies:  court  sessions,  conferring  of  fiefs,  ban- 
quets, councils,  and  all  occasions  on  which  the  princes  meet 
with  the  emperor  for  the  transaction  of  imperial  business. 
This  order  of  seating  shall  be  observed  by  the  successors  of 
the  present  archbishops  of  Cologne,  Trier,  and  Mainz,  and 
shall  never  be  questioned. 

CHAPTER  IV. 

THE   LOCATION   OP   THE    SEATS   OF   THE    ELECTORAL   PRINCES. 

1.  In  the  imperial  diet,  at  the  council-board,  table,  and  all 
other  places  where  the  emperor  or  king  of  the  Romans  meets 
with  the  electoral  princes,  the  seats  shall  be  arranged  as  fol- 
lows: On  the  right  of  the  emperor,  first,  the  archbishop  of 
Mainz,  or  of  Cologne,  according  to  the  province  in  which  the 
meeting  is  held,  as  arranged  above;  second,  the  king  of  Bo- 
hemia, because  he  is  a  crowned  and  anointed  prince;  third, 
the  count  palatine  of  the  Rhine;  on  the  left  of  the  emperor, 
first,  the  archbishop  of  Cologne,  or  of  Mainz;  second,  the 
duke  of  Saxony;  third,  the  margrave  of  Brandenburg. 

2.  When  the  imperial  throne  becomes  vacant,  the  arch- 
bishop of  Mainz  shall  have  the  authority,  which  he  has  had 
from  of  old,  to  call  the  other  electors  together  for  the  elec- 
tion.    It  shall  be  his  peculiar  right  also,  when  the  electors 
have  convened  for  the  election,  to  collect  the  votes,  asking 
each  of  the  electors  separately  in  the  following  order:  first, 
the  archbishop  of  Trier,  who  shall  have  the  right  to  the  first 
vote,  as  he  has  had  from  of  old;  then  the  archbishop  of 
Cologne,  who  has  the  office  of  first  placing  the  crown  upon 
the  head  of  the  king  of  the  Romans;  then  the  king  of  Bo- 
hemia, who  has  the  priority  among  the  secular  princes,  be- 


No.  160]     THE  EMPIRE  FROM   1250  TO  1500          291 

cause  of  his  royal  title;  fourth,  the  count  palatine  of  the 
Rhine;  fifth,  the  duke  of  Saxony;  sixth,  the  margrave  of 
Brandenburg.  Then  the  princes  shall  ask  the  archbishop  of 
Mainz  in  turn  to  declare  his  choice  and  vote.  At  the  diet, 
the  margrave  of  Brandenburg  shall  offer  water  to  the  emperor 
or  king,  to  wash  his  hands;  the  king  of  Bohemia  shall  have 
the  right  to  offer  him  the  cup  first,  although,  by  reason  of  his 
royal  dignity,  he  shall  not  be  bound  to  do  this  unless  he 
desires ;  the  count  palatine  of  the  Rhine  shall  offer  him  food ; 
and  the  duke  of  Saxony  shall  act  as  his  marshal  in  the  accus- 
tomed manner. 

CHAPTER  V. 

THE  RIGHTS  OF  THE  COUNT  PALATINE  AND  OF  THE  DUKE  OF  SAXONY. 

1.  During  the  vacancy  of  the  empire,  the  count  palatine 
of  the  Rhine,  archseneschal  of  the  empire, 'by  reason  of  his 
principality  and  office,  shall  exercise  the  authority  of  the 
future  king  of  the  Romans  in  the  Rhine  lands,  in  Suabia,  and 
in  the  region  of  the  Prankish  law;  this  includes  the  right  to 
present  to  ecclesiastical  benefices,  to  collect  revenues  and  in- 
comes, to  invest  with  fiefs,  and  to  receive  the  oath  of  fidelity 
in  the  name  of  the  emperor.     All  of  these  acts,  however,  must 
be  confirmed  and  renewed  by  the  king  of  the  Romans  after 
he  is  elected.     The  count  palatine  shall  not  have  the  right 
to  invest  the  princes  of  the  empire  with  fiefs  which  are  called 
Fahnlehen*  the  investiture  and  conferring  of  which  is  re- 
served to  the  king  of  the  Roman's  in  person.    The  count  pala- 
tine is  expressly  forbidden  to  alienate  or  mortgage  the  impe- 
rial lands  during  the  period  of  his  administration.    The  duke 
of  Saxony,  archmarshal  of  the  holy  empire,  shall  exercise 
the  same  authority  during  the  vacancy  of  the  empire  for  the 
region  of  the  Saxon  law,  under  the  same  conditions  as  ex- 
pressed above. 

2.  The  emperor  or  king  of  the  Romans  must  appear  be- 
fore the  count  palatine  of  the  Rhine,  when  he  is  cited  by  any- 


292    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

one,  but  the  count  palatine  shall  try  such  cases  only  at  the 
imperial  diet  when  the  emperor  or  king  is  present. 

i  In  the  investiture  of  a  vassal  with  a  fief  certain  symbols  were 
used.  Among  other  articles  that  were  used  in  this  way  when  invest- 
ing the  secular  tenants-in-chief  was  the  spear,  to  which  it  became 
customary  to  affix  a  small  standard  or  flag,  as  a  symbol  of  the  regalia 
which  were  conferred  with  the  fief.  Eventually  this  was  the  only 
symbol  used  in  such  cases,  and  hence  the  secular  fiefs  which  were 
held  directly  from  the  king  came  to  be  called  "Fahnlehen,"  or 
"flag  fiefs." 

CHAPTER  VI. 

(Repeats  the  statements  about  the  priority  of  the  king  of  Bohemia 
among  the  secular  princes.) 

CHAPTER  VII. 

THE  SUCCESSION  OF  THE  ELECTORAL  PRINCES. 

1.  ...  It'  is  known  and  recognized  throughout  the 
world,  that  the  king  of  Bohemia,  the  count  palatine  of  the 
Rhine,  the  duke  of  Saxony,  and  the  margrave  of  Branden- 
burg, by  virtue  of  the  principalities  which  they  possess,  have 
the  right  to  vote  in  the  election  of  the  king  of  the  Romans 
along  with  their  coelectors,  the  ecclesiastical  princes,  and  that 
they  with  the  ecclesiastical  princes  are  the  true  and  legal 
electoral  princes  of  the  holy  empire.  In  order  to  prevent  dis- 
putes arising  among  the  sons  of  these  secular  electoral  princes 
in  regard  to  the  electoral  authority  and  vote,  which  would  be 
productive  of  delays  dangerous  to  the  state  and  other  evils, 
we  have  fixed  the  succession  'by  the  present  law  which  shall 
be  valid  forever.  On  the  death  of  one  of  the  secular  electoral 
princes  his  right,  voice,  and  vote  in  the  election  shall  descend 
to  his  first-born  son  who  is  a  layman ;  if  the  son  has  died  be- 
fore this,  to  the  son's  first-born  son  who  is  a  layman.  If  the 
first-born  lay  son  of  the  elector  has  died  without  legitimate 
lay  sons,  by  virtue  of  the  present  law  the  succession  shall  go 
to  the  elector's  next  oldest  lay  son  and  then  to  his  heirs,  and 
so  on  according  to  the  law  of  primogeniture.  In  case  the 


No.  160]     THE   EMPIRE  FROM   1250  TO   1500          293 

heir  is  under  age  the  paternal  uncle  of  the  heir  shall  act  as 
guardian  and  administrator  until  the  heir  comes  of  age,  which 
shall  be,  in  the  case  of  electoral  princes,  at  eighteen  years. 
Then  the  guardian  shall  immediately  surrender  to  him  the 
electoral  vote  and  authority  and  all  the  possessions  of  the 
electorate. 

2.  When  any  electorate  falls  vacant  for  lack  of  heirs,  the 
emperor  or  king  of  the  Romans  shall  have  the  power  to  dis- 
pose of  it,  as  if  it  reverted  to  the  empire,  saving  the  rights, 
privileges,  and  customs  of  the  kingdom  of  Bohemia,  accord- 
ing to  which  the  inhabitants  of  that  kingdom  have  the  right 
to  elect  their  king  in  case  of  a  vacancy. 

CHAPTER  VUL 

THE    IMMUNITY  OF  THE   KINGDOM   OF   BOHEMIA   AND   ITS  INHABITANTS. 

Our  predecessors,  the  emperors  and  kings  of  the  Romans, 
have  conceded  to  our  ancestors,  the  kings  of  Bohemia,  and 
to  the  kingdom  and  crown  .  .  .  that  no  prince,  baron, 
noble,  knight,  client,  citizen,  or  other  person  of  the  kingdom, 
of  any  station,  dignity,  rank,  or  condition,  should  be  cited, 
haled,  or  summoned  before  any  tribunal  outside  of  the  king- 
dom, or  before  any  judge  except  the  king  of  Bohemia  and 
the  judges  of  his  court.  We  hereby  renew  and  confirm  this 
privilege,  custom,  and  concession  by  our  royal  authority  and 
power,  and  decree  that  no  one  of  the  aforesaid,  prince,  baron, 
noble,  knight,  client,  citizen,  or  peasant,  or  any  other  person, 
shall  be  required  to  appear  or  answer  before  any  tribunal 
outside  of  the  kingdom  of  Bohemia,  in  any  case,  civil,  crim- 
inal, or  mixed.  .  .  . 

CHAPTER  IX. 

MINES   OF   GOLD,    SILVER,    AND   OTHER   METALS. 

We  decree,  by  this  present  law,  that  our  successors,  the 
kings  of  Bohemia,  and  all  the  electoral  princes,  ecclesiastical 
and  secular,  shall  hold  and  possess  with  full  rights,  all  mines 


294    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  gold,  silver,  tin,  copper,  iron,  lead,  or  other  metals,  and  all 
salt  works,  both  those  already  discovered  and  those  which 
shall  be  discovered  in  the  future,  situated  within  their  lands, 
domains,  and  dependencies.  They  shall  also  have  authority 
to  tax  Jews,  the  right  to  collect  tolls  already  in  force,  and  all 
other  rights  which  they  or  their  predecessors  have  possessed 
to  the  present  day. 

CHAPTER  X. 

COINAGE. 

1.  We  also  decree  that  our  successors,  the  future  kings 
of  Bohemia,  shall  possess  and  exercise  in  peace  the  rights  of 
coinage  of  gold  and  silver,  in  all  parts  of  their  dominions 
and  of  the  lands  belonging  to  their  subjects,  in  such  form 
and  manner  as  they  may  determine :  'a  right  which  is  known 
to  have  belonged  to  our  predecessors,  the  former  kings  of 
Bohemia, 

2.  We  also  grant  to  the  future  kings  of  Bohemia  forever 
the  right  to  buy,  purchase,  or  receive  as  gift  or  in  payment, 
any  lands,  castles,  possessions,  or  goods  from  any  princes, 
magnates,  counts,  or  other  persons;  such  lands  and  property 
to  remain,  however,  in  their  former  legal  status,  and  to  pay 
the  customary  dues  and  services  to  the  empire. 

3.  We  extend  this  right  by  the  present  law  to  all  the 
electoral  princes,  ecclesiastical  and  secular,  and  to  their  legal 
heirs,  under  the  same  conditions  and  form. 

CHAPTER  XI. 

THE   IMMUNITIES    OF  THE   PRINCES. 

1.  We  decree  also  that  no  count,  baron,  noble,  vassal,  burg- 
grave,  knight,  client,  citizen,  burgher,  or  other  subject  of  the 
churches  of  Cologne,  Mainz,  or  Trier,  of  whatever  status, 
condition  or  rank,  shall  be  cited,  haled,  or  summoned  to  any 
authority  before  any  tribunal  outside  of  the  territories, 
boundaries,  and  limits  of  these  churches  and  their  depend- 


No.  160]     THE   EMPIRE   FROM   1250  TO   1500          295 

encies,  or  before  any  judge,  except  the  archbishops  and  their 
judges.  ...  We  refuse  to  hear  appeals  based  upon  the 
authority  of  others  over  the  subjects  of  these  princes ;  if  these 
princes  are  accused  by  their  subjects  of  injustice,  appeal  shall 
lie  to  the  imperial  diet,  and  shall  be  heard  there  and  nowhere 
else.  .  .  . 

2.  We  extend  this  right  by  the  present  law  to  the  secular 
electoral  princes,  the  count  palatine  of  the  Rhine,  the  duke 
of  Saxony,  and  the  margrave  of  Brandenburg,  and  to  their 
heirs,  successors,  and  subjects  forever. 

CHAPTER  XII. 

ASSEMBLIES   OF  THE   PBINCE8. 

.  .  .  It  has  been  decided  in  the  general  diet  held  at 
Niirnburg  with  the  electoral  princes,  ecclesiastical  and  sec- 
ular, and  other  princes  and  magnates,  by  their  advice  and 
with  their  consent,  that  in  the  future,  the  electoral  princes 
shall  meet  every  year  in  some  city  of  the  empire  four  weeks 
after  Easter;  this  year  they  are  to  meet  at  that  date  in  the 
imperial  city  of  Metz ;  on  that  occasion,  and  on  every  meeting 
thereafter,  the  place  of  assembling  for  the  following  year 
shall  be  fixed  by  us  with  the  advice  and  consent  of  the 
princes.  This  ordinance  shall  remain  in  force  as  long  as  it 
shall  be  pleasing  to  us  and  to  the  princes ;  and  as  long  as  it  is 
in  effect,  we  shall  furnish  the  princes  with  safe-conduct  for 
that  assembly,  going,  staying,  and  returning.  . 

CHAPTER  xrn. 

THE   REVOCATION   OF   PRIVILEGES. 

We  hereby  decree  and  determine  that  the  liberties,  juris- 
diction, rights,  honors,  and  authority  of  the  electoral  princes, 
ecclesiastical  or  secular,  or  of  any  one  of  them,  ought  not  to  be 
and  shall  not  be  in  any  way  diminished  by  any  privileges  or 
charters  of  rights,  graces,  immunities,  customs,  etc.,  granted 
or  to  be  granted  by  us  or  our  predecessors  to  any  person  of 


296    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

whatsoever  rank,  station,  or  dignity,  or  to  any  city,  town  or 
territory,  even  if  it  is  expressly  stated  in  such  privileges  and 
charters  that  they  are  not  revocable.  In  so  far  as  any  such 
privileges  do  diminish  the  liberties,  jurisdiction,  rights, 
honors,  or  authority  of  the  said  electoral  princes,  we  hereby 
revoke  them  and  decree  by  our  imperial  authority  that  they 
are  to  be  regarded  as  revoked  and  void. 

CHAPTER  XIV. 

THE   FORFEITING   OF   FIEFS. 

In  many  regions  it  is  becoming  the  practice  for  vassals  and 
feudatories  to  renounce  and  resign  verbally  and  without  due 
notice  the  fiefs  and  benefices  which  they  hold  of  their  lords, 
and  then  to  declare  themselves  free  from  their  allegiance  and 
to  seize  the  fiefs  under  pretext  of  war.  Therefore  we  decree 
hereby  that  such  renunciation  shall  not  be  valid  unless  it  is 
genuine  and  made  with  the  condition  that  the  fiefs  and 
benefices  shall  revert  immediately  to  the  lords  from  whom 
they  are  held;  those  who  have  renounced  their  allegiance 
shall  never  disturb  or  molest  their  lords  in  the  possession 
of  these  fiefs.  Any  subject  violating  this  decree  shall  lose 
his  fiefs  and  benefices,  shall  be  branded  with  infamy,  and 
placed  under  the  imperial  ban;  no  one  shall  ever  give  him 
a  fief  or  a  benefice,  and  any  grant  or  investiture  made  to  him 
shall  be  void. 

CHAPTER  XV. 

CONSPIRACIES. 

We  reprobate,  condemn,  and  declare  void  all  detestable  and 
illegal  conspiracies,  confederations,  and  societies,  which  are 
or  shall  be  made  by  cities  or  by  persons  of  any  rank  or 
station,  under  color  of  any  pretext  whatever,  inside  or  outside 
of  cities,  between  city  and  city,  person  and  person,  or  city 
and  person,  without  the  consent  of  the  lords  of  the  persons 
or  territories;  for  it  is  well  known  that  such  conspiracies 


No.  160]     THE   EMPIRE  FROM   1250  TO    1500          297 

are  declared  illegal  and  void  by  the  laws  of  our  predecessors, 
the  august  emperors.  We  except  from  this  condemnation  such 
confederations  and  leagues  as  are  entered  into  by  princes, 
cities,  and  others  for  the  preservation  of  the  peace  of  their 
lands;  these  shall  remain  in  force  until  we  have  decreed 
otherwise.  If  any  person  shall  violate  this  decree  and  the 
ancient  laws  against  conspiracies,  besides  incurring  the 
regular  penalties  he  shall  be  branded  with  infamy  and  shall 
be  fined  ten  pounds  of  gold ;  cities  and  corporations  guilty  of 
a  similar  crime  shall  be  fined  100  pounds  of  gold,  half  of 
which  shall  go  to  the  imperial  treasury,  and  half  to  the  lord 
of  the  district,  and  they  shall  be  deprived  of  the  liberties  and 
privileges  which  they  have  received  from  the  empire. 

CHAPTER  XVI. 

PFAHLBURGHER8. 

The  complaint  has  frequently  been  made  of  late  that  cer- 
tain citizens  and  subjects  of  princes,  barons,  and  other  lords, 
in  order  to  escape  from  their  proper  subjection,  have  had 
themselves  received  as  citizens  in  other  cities,  and  thus,  while 
dwelling  in  the  lands,  cities,  towns,  or  regions  of  the  lords 
whom  they  have  deserted,  they  claim  to  enjoy  the  liberty  and 
immunity  of  the  other  cities,  and  to  be  freed  from  the  lord's 
authority,  because  of  that  citizenship;  these  are  the  persons 
who  are  called  in  the  vulgar  tongue  in  Germany  "pfahl- 
burghers."  Now  since  fraud  and  deceit  cannot  constitute  a 
legal  defense  for  any  one,  we  hereby  decree  by  our  imperial 
authority  and  by  the  advice  of  the  electoral  princes,  ecclesias- 
tical and  secular,  that  from  this  day  forth  within  all  the 
lands  of  the  empire  such  citizens  shall  not  enjoy  the  rights 
and  liberties  of  the  cities,  unless  they  have  actually  moved 
into  them  and  established  their  homes  there,  making  their 
real  residence  and  domicile  in  the  cities  and  bearing  their 
share  of  the  debts,  burdens,  and  municipal  taxes.  If  any 
such  persons  are  or  shall  be  admitted  into  cities  contrary  to 


298    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

this  edict,  the  admission  shall  be  void  of  effect,  and  the 
persons  shall  not  profit  by  the  laws  and  liberties  of  those 
cities,  in  spite  of  any  laws,  privileges,  and  customs  to  the 
contrary,  all  of  which,  as  far  as  they  contradict  this  decree, 
we  declare  to  be  void;  and  the  lords  shall  retain  their  rights 
over  the  persons  and  goods  of  their  subjects  who  have  de- 
serted them  in  this  manner.  Those  who  receive  the  subjects 
of  other  lords  on  these  terms  contrary  to  our  law,  and  who 
do  not  drive  them  away  within  one  month  after  receiving 
notice  of  their  presence,  shall  be  fined  for  each  such  violation, 
100  pounds  of  gold,  half  of  which  shall  go  to  the  imperial 
treasury  and  half  to  the  lords  of  the  deserters. 

CHAPTER  XVH. 

RENUNCIATION   OF   ALLEGIANCE. 

If  any  person  renounces  his  allegiance  or  alliance  without 
due  notice  and  in  a  place  where  he  does  not  have  his  resi- 
dence, even  if  he  thinks  he  has  just  grounds,  we  declare  that 
he  shall  not  have  the  right  to  inflict  injury  or  violence  upon 
those  from  whom  he  has  in  this  manner  withdrawn.  And 
since  fraud  and  deceit  cannot  constitute  legal  defence,  we 
hereby  declare  that  renunciation  of  this  sort  from  the  society 
or  association  of  any  lord  or  person  shall  not  be  valid,  and 
may  not  be  used  as  pretext  for  making  war,  unless  the  renun- 
ciation has  been  announced  to  those  who  are  concerned 
personally  or  publicly  in  the  place  where  they  have  their 
regular  residence,  three  full  days  before,  and  the  notification 
can  be  proved  by  good  witnesses.  Whoever  shall  make  war 
on  another  without  making  renunciation  in  this  form,  shall 
be  branded  with  infamy,  just  as  if  h^e  had  never  made  any 
renunciation,  and  he  shall  be  punished  as  a  traitor  by  all 
judges.  We  forbid  and  condemn  also  all  unjust  wars  and 
strife,  all  unjust  burning,  wasting,  and  rapine,  all  unusual 
and  unjust  tolls  and  exactions  for  safe-conduct,  under  pen- 
alties fixed  by  the  laws  of  the  empire. 


No.  160]    THE  EMPIRE  FROM   1250  TO   1500          299 

CHAPTER  XVIII. 

FORM   OF  THE   LETTER   OF   NOTIFICATION. 

"To  you,  the  illustrious  and  magnificent  margrave  of 
Brandenburg,  archchamberlain  of  the  holy  empire,  our 
fellow-elector  and  dear  friend,  we  give  notice  by  these 
presents  of  the  approaching  election  of  the  king  of  the 
Romans,  and  we  summon  you  according  to  the  duty  of  your 
office  to  come  to  that  election  at  the  regular  place  within 

three  months  from (date),  or  to  send  one  or  more 

representatives  or  agents  with  sufficient  authority,  in  order 
to  consider  with  your  fellow-electors  and  agree  upon  the 
choice  of  a  king  of  the  Romans  and  future  emperor;  to 
remain  there  until  the  election  is  completed;  and  to  do  such 
other  things  as  are  required  by  the  laws  of  the  empire  in  this 
matter.  Otherwise,  in  spite  of  your  absence,  we  shall  proceed 
with  our  fellow-electors  to  carry  out  the  aforesaid  business, 
as  the  authority  of  the  imperial  laws  empowers  us." 

CHAPTER  XIX. 

FORM  OF  THE  CREDENTIALS  FOR  REPRESENTATIVES  OR  AGENTS  OF  THE 
ELECTORAL  PRINCES,  SENT  IN  THEIR  BEHALF  TO  THE  ELECTION.. 

We  (name),  by  the  grace  of  God  (title),  (office)  of  the 
holy  empire.  Be  it  known  to  all  by  these  presents  .  .  . 
that  we  have  constituted  our  faithful  subjects  (names)  our 
true,  legal,  and  special  representatives  and  agents,  to  treat 
with  our  fellow-princes  and  electors,  ecclesiastical  and  secular, 
and  to  agree  and  decide  with  them  concerning  a  suitable 
person  to  be  elected  king  of  the  Romans;  to  be  present, 
deliberate,  name,  consent  to,  and  elect  the  king  of  the  Romans 
and  future  emperor  in  our  name  and  for  us ;  and  to  take  the 
necessary,  due,  and  accustomed  oaths  upon  our  soul,  in  regard 
to  the  aforesaid  things;  to  appoint  substitutes  to  do  any  and 
all  things  which  may  be  necessary,  useful,  or  convenient  to 
the  aforesaid  consideration,  nomination,  deliberation,  and 
election,  and  to  do  anything  which  we  would  be  able  to  do  if 


300    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

we  were  present  in  person  at  the  election,  even  if  these  things 
be  special  and  peculiar  things  not  mentioned  specifically  in 
the  above.  We  will  accept  and  ratify  everything  done  by  the 
aforesaid  representatives  or  their  substitutes. 

CHAPTER  XX. 

THE   UNITT   OF   THE    ELECTORAL   PRINCIPALITIES. 

It  is  known  that  the  right  of  voting  for  the  king  of  the 
Romans  and  future  emperor  inheres  in  certain  principalities, 
the  possessors  of  which  have  also  the  other  offices,  rights,  and 
dignities  belonging  to  these  principalities.  We  decree,  there- 
fore, by  the  present  law  that  the  electoral  vote  and  other 
offices,  dignities,  and  appurtenances  shall  always  be  so  united 
and  conjoined  that  the  possessor  of  one  of  these  principalities 
shall  possess  and  enjoy  the  electoral  vote  and  all  the  offices, 
dignities,  and  appurtenances  belonging  to  it,  that  he  shall  be 
regarded  as  electoral  prince,  that  he  and  no  other  shall  be 
accepted  by  the  other  electoral  princes  and  admitted  to  par- 
ticipation in  the  election  and  all  other  acts  which  regard  the 
honor  and  advantage  of  the  holy  empire,  and  that  no  one  of 
these  rights,  which  are  and  ought  to  be  inseparable,  shall  ever 
be  taken  from  him.  And  if  through  error  or  by  any  other 
means  any  decision  or  sentence  is  issued  by  any  judge  against 
the  present  law,  it  shall  be  void. 

CHAPTER  XXI. 

THE   PRECEDENCE   AMONG   THE   ARCHBISHOPS. 

We  have  defined  above  the  location  of  the  seats  of  the 
ecclesiastical  electors  in  the  council,  at  the  table,  and  on 
other  occasions,  when  the  emperor  meets  with  the  electoral 
princes,  but  we  have  thought  it  well  to  indicate  also  the  order 
of  precedence  in  procession  and  march.  Therefore  we  decree 
by  the  present  imperial  edict  that  whenever  the  emperor  or 
king  of  the  Romans  meets  with  the  electoral  princes,  and  the 
insignia  are  borne  before  him  in  procession,  the  archbishop 


No.  160]     THE  EMPIRE  FROM  1250  TO  1500          301 

of  Trier  shall  march  directly  before  the  emperor  or  king,  no 
one  being  between  them  except  the  bearers  of  the  insignia; 
and  when  the  emperor  or  king  marches  without  the  insignia 
the  archbishop  shall  immediately  precede  him.  The  other 
two  archbishops  [of  Mainz  and  Cologne]  shall  march  on 
either  side  of  the  archbishop  of  Trier,  their  position  on  the 
right  or  the  left  being  determined  by  the  region  in  which  the 
ceremony  is  held,  as  described  above. 

CHAPTER  XXII. 

THE    ORDER   OF   PRECEDENCE   AMONG  THE   SECULAR   ELECTORAL   PRINCES, 
AND   THE   BEARERS   OF   THE   INSIGNIA. 

We  also  determine  by  the  present  decree  the  precedence 
among  the  secular  electoral  princes  as  follows:  When  the 
electoral  princes  march  in  procession  with  the  emperor  or 
king  of  the  Romans  in  any  of  the  ceremonies  of  the  imperial 
diet  and  the  insignia  are  borne  before  him,  the  duke  of 
Saxony  shall  precede  the  emperor  or  king,  marching  between 
him  and  the  archbishop  of  Trier,  and  bearing  the  imperial  or 
royal  sword;  the  count  palatine  of  the  Rhine  shall  march  at 
the  right  of  the  duke  of  Saxony  with  the  imperial  globe,  and 
the  margrave  of  Brandenburg  at  tb*e  left  with  the  sceptre ;  the 
kijig  of  Bohemia  shall  follow  immediately  behind  the  emperor 
or  king. 

CHAPTER  XXIII. 

BENEDICTIONS    OF    THE    ARCHBISHOPS   IN   THE   PRESENCE   OF  THE    EMPEROR 

When  the  mass  is  celebrated  in  the  presence  of  the  emperor 
or  king,  the  archbishops  of  Mainz,  Trier,  and  Cologne,  or  any 
two  of  them,  being  present,  the  archbishops  shall  perform 
the  services  on  the  different  days  in  turn  in  the  order  of  their 
consecration,  each  one  on  his  day  officiating  in  the  confession 
which  is  said  before  the  mass,  in  the  presenting  of  the  gospel 
to  be  kissed,  in  the  giving  of  peace  after  the  Agnus  Dei,  in 
the  benedictions  after  the  mass  and  before  meals,  and  in 


302    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

returning  thanks  after  meals.  Each  archbishop  on  his  day 
should  invite  the  other  archbishops  to  participate  in  the 
services,  to  set  a  good  example  to  men  by  honoring  one 
another. 

PART  II. 

(Published  at  Metz.  December  25,  1356.) 

CHAPTER  XXIV. 

1.  If  any  person  shall  have  joined  in  a  conspiracy  or 
taken  oath  to  join  in  a  conspiracy  with  any  other  persons, 
princes,  knights,  or  private  persons,  to  slay  one  of  the 
electoral  princes  of  the  holy  empire,  he  shall  be  judged  guilty 
of  offence  against  the  majesty  of  the  emperor,  and  shall  be 
executed,  and  all  his  goods  shall  be  forfeited  to  the  royal 
treasury;  for  we  regard  the  electoral  princes  as  members  of 
our  own  body,  and  visit  offences  against  them  with  the  same 
severity  as  against  ourself.  [The  rest  of  the  chapter  is  de- 
voted to  the  effects  of  the  confiscation  and  attainder  upon 
children  and  heirs  of  criminals,  etc.] 

CHAPTER  XXV. 

If  it  is  proper  that  the  integrity  of  the  ordinary  princi- 
palities should  be  preserved,  for  the  better  securing  of  justice 
and  peace  for  the  subjects,  it  is  even  more  important  that  the 
great  principalities  of  the  electoral  princes  should  be  kept 
intact  in  their  domains,  honors,  and  rights.  Therefore  we 
determine  and  decree  by  this  imperial  edict  that  the  lands, 
districts,  fiefs,  and  other  possessions  of  the  great  princi- 
palities, namely,  the  kingdom  of  Bohemia,  the  palatinate  of 
the  Rhine,  the  duchy  of  Saxony,  and  the  mark  of  Branden- 
burg, should  never  under  any  circumstances  be  separated, 
divided,  or  dismembered.  In  order  that  they  may  be  pre- 
served in  their  integrity,  the  first-born  son  in  each  case  shall 
succeed  to  them,  and  shall  exercise  ownership  and  dominion 


No.  160]     THE  EMPIRE  FROM  1250  TO  1500  303 

in  them,  unless  he  be  incapacitated  for  ruling  by  reason  of 
imbecility,  or  other  notorious  defect.  In  that  case,  he  shall 
not  be  allowed  to  inherit,  but  the  succession  shall  go  to  the 
nearest  male  lay  heir  on  the  paternal  side. 

CHAPTER  XXVI. 

1.  On  the  day  of  the  imperial  diet,  all  the  electoral  princes 
shall  proceed  to  the  imperial  palace  about  the  first  hour,  and 
shall  assist  the  emperor  or  king  in  donning  the  insignia ;  then 
they  shall  proceed  on  horseback  to  the  place  of  the  diet  with 
the  emperor   or  king,  preserving  the  order  of  precedence 
indicated   above.      The   archchancellor   of   the   kingdom   in 
which  the  diet  is  held  shall  bear  the  seals  of  the  empire  or 
kingdom  upon  a  silver  staff;  the  secular  princes  shall  bear 
the  sceptre,  globe,  and  sword,  as  indicated  above ;  the  German 
and  Lombard  crowns  shall  be  borne,  in  this  order,  by  princes 
of  inferior  rank  named  for  this  office  by  the  emperor,  im- 
mediately before  the  archbishop  of  Trier,  who  precedes  the 
emperor,  now  wearing  the  imperial  crown. 

2.  The  empress  or  queen,  clad  in  her  insignia,  shall  also 
proceed  to  the  place  of  the  diet  with  her  officials  and  ladies, 
taking  her  place  behind  the  emperor  or  king  and  behind  the 
king  of  Bohemia,  who  follows  immediately  after  the  emperor 
or  king. 

CHAPTER  XXVII. 

THE   OFFICES   OF  THE   ELECTORAL   PRINCES   AT  THE    DIET. 

1.  After  the  emperor  or  king  is  seated  on  his  throne,  the 
duke  of  Saxony  shall  appear  before  the  place  of  the  diet  on 
horseback  with  a  silver  staff  and  a  silver  measure,  each  of  the 
value  of  twelve  marks  in  silver,  and  shall  fill  his  measure 
with  oats  from  a  heap  that  has  been  placed  before  the  build- 
ing in  which  the  diet  is  held.  This  heap  of  oats  shall  be  as 
high  as  the  breast  of  the  horse  on  which  he  rides.  He  shall 
then  give  this  measure  of  oats  to  the  first  servant  that  ap- 


304    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

preaches.  Then  he  shall  thrust  his  staff  into  the  heap  of 
oats  and  go  away,  and  the  vice-marshal,  the  count  of 
Pappenheim,  or  in  his  absence  the  marshal  of  the  court,  shall 
distribute  the  oats.  After  the  emperor  or  king  has  taken  his 
place  at  the  table  the  ecclesiastical  electors,  supported  by 
other  prelates,  shall  stand  before  the  table  and  one  of  them 
shall  pronounce  the  blessing,  according  to  the  order  of  pre- 
cedence established  above;  after  the  benediction  the  chan- 
cellor of  the  court  shall  present  the  seals  to  the  archbishops, 
and  they  shall  bear  them  to  the  emperor,  all  three  touching 
with  their  hands  the  staff  on  which  they  are  suspended,  the 
archchancellor  of  the  kingdom  in  which  the  diet  is  held 
marching  in  the  middle  and  the  other  two  on  either  side  of 
him.  They  shall  lay  the  seals  reverently  before  the  emperor 
or  king,  who  shall  immediately  return  them  to  the  arch- 
bishops. The  archchancellor  of  the  kingdom  in  which  the 
diet  is  held  shall  wear  the  great  seal  of  the  empire  about 
his  neck  during  the  dinner  and  until  he  returns  to  his  abode. 
The  staff,  which  shall  be  of  silver  of  the  value  of  twelve 
marks,  and  the  seals,  shall  be  handed  over  to  the  chancellor 
of  the  court.  The  archbishop  who  bears  the  great  seal  shall 
return  this  also  to  the  chancellor  of  the  court  by  one  of  his 
own  servants,  mounted  on  a  horse  which  shall  be  presented 
to  the  chancellor  of  the  court  as  a  perquisite  of  his  office  and 
as  a  token  of  the  love  of  the  archchancellor. 

2.  The  margrave  of  Brandenburg,  the  archchamberlain 
of  the  empire,  shall  approach  on  horseback,  bearing  water  in 
silver  basins  of  the  value  of  twelve  marks,  and  a  beautifully 
embroidered  napkin,  and  shall  dismount  and  offer  the  em- 
peror or  king  water  to  wash  his  hands. 

3.  The  count  palatine  of  the  Rhine  shall  approach  on 
horseback,  bearing  four  silver  dishes,  each  of  the  value  of 
three  marks,  filled  with  food,  and  shall  dismount  and  carry 
them  in  and  place  them  on  the  table  before  the  emperor  or 
king. 


No.  160]     THE   EMPIRE   F.ROM  1250  TO   1500  305 

4.  Then  the  king  of  Bohemia,  the  archccupbearer  of  the 
empire,  shall  ride  up,  bearing  a  silver  cup  or  goblet,  of  the 
value  of  twelve  marks,  filled  with  wine  and  water  mixed, 
and  shall  dismount  and  offer  the  goblet  to  the  emperor  or 
king  to  drink. 

5.  When  the  offices  have  been  performed  by  the  secular 
electoral  princes,  the  vice-marshal,  the  count  of  Falkenstein, 
shall  receive  the  horse  and  the  silver  basins  of  the  margrave 
of  Brandenburg;  the  master  of  the  kitchen,  the  count  of 
Nortemberg,  shall  receive  the  horse  and  the  dishes  of  the 
count  palatine  of  the  Ehine ;  the  vice-cupbearer,  the  count  of 
Limburg,  shall  receive  the  horse  and  the  goblet  of  the  king 
of  Bohemia;  the  vice-marshal,  the   count   of  Pappenheim, 
shall  receive  the  horse,  the  staff,  and  the  measure  of  the  duke 
of  Saxony.     If  these  officials  are  not  present,  the  ordinary 
officials  of  the  court  shall  receive  these  gifts  in  their  places. 

CHAPTER  XXVIII. 
(Description  of  the  banqueting  table,  etc.) 

CHAPTER  XXIX. 

1.  We  have  learned  from  records  and  traditions,  that  it 
has  been  the  custom  in  the  past  to  hold  the  election  of  the 
king  of  the  Romans  in  Frankfort,  the  coronation  in  Aachen, 
and  the  first  diet  in  Niirnberg;  therefore  we  decree  that  in 
the  future  these  ceremonies  shall  be  held  in  these  places, 
unless  there  shall  be  some  legitimate  obstacle.  .  .  . 

CHAPTER  XXX. 

THE   RIGHTS  *OF  THE   OFFICIALS   OF  THE   COURT  WHEN  THE   PRINCES  Of 
THE    EMPIRE   RECEIVE   THEIR   FIEFS. 

(Special  fees  paid  by  the  princes  to  these  officials.) 

CHAPTER  XXXI. 

(Kequiring  the  secular  electors  to  learn  the  Italian  and  Slavic 
languages.) 


306    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

160  a  AND  160  b.  THE  ACQUISITION  OF  THE  MARK  OF 
BRANDENBURG  BY  THE  HOHENZOLLERN  FAMILY,  1411. 

160  a.  THE  CITIES  OF  THE  MARK  MAKE  COMPLAINTS  TO 
SIGISMUND,  1411.  (GERMAN.) 

Magdeburger  Schoppenchronik,  edited  by  Janicke,  in  Chroniken  der  deutschen 
Stadte,  VII.  pp.  331  f. 

The  importance  of  the  acquisition  of  the  mark  of  Brandenburg  by 
a  member  of  the  Hohenzollern  family  could  not  at  that  time  have 
been  foreseen.  The  mark,  being  a  great  sandy  marsh,  did  not  seem 
a  valuable  possession,  and  the  nobles,  especially  the  great  von  Quit- 
zow  family,  were  devastating  it  with  their  feuds.  The  cities,  here  as 
everywhere  else  in  Germany,  were  for  order  and  peace.  It  seems  to 
have  been  due  in  part  to  their  complaints  and  appeals  to  Sigismund 
that  he  chose  the  able  and  vigorous  Frederick  of  Hohenzollern, 
burggrave  of  Niirnberg,  as  governor  of  the  mark.  This  was  an  im- 
portant event  in  the  fortunes  of  the  Hohenzollern  family.  Frederick 
and  his  successors  managed  their  affairs  so  well  that  Brandenburg 
became  the  basis  on  which  the  power  of  the  family  was  built  up. 

In  the  same  year  that  Jost,  the  margrave,  died,  the  king  of 
Hungary,  Sigismund,  who  had  been  elected  king  of  the 
Romans,  sent  messengers  to  the  cities  of  the  old  and  new 
marks  to  Magdeburg  and  ordered  them  to  come  to  Berlin  on 
the  Sunday  of  Midlent  to  hear  his  will  concerning  them. 
The  king's  representatives,  John  Waldaw,  prcBpositus  of  the 
church  at  Berlin,  and  Wend  von  Eylenburg,  met  the  alder- 
men of  the  cities  at  Berlin  at  the  appointed  time  and  asked 
them :  "Since  Jost,  the  margrave,  is  dead  and  the  king  is  the 
hereditary -lord  of  the  land,  are  you  willing  to  recognize  his 
lordship  over  you  and  to  support  him?"  And  the  aldermen 
answered  him  that  they  were.  The  cities  and  the  nobles  of 
the  land  were  then  ordered  to  come  to  Hungary  a*nd  do  hom- 
age to  the  king  on  the  next  St.  Walpurgis  day  (May  1).  The 
cities  sent  representatives  from  among  their  aldermen,  but 
none  of  the  nobles  of  the  land  came  except  Jaspar  Gans  von 
Putlitz.  They  did  homage  to  the  king  and  remained  with  him 
so  long  that  they  did  not  reach  home  until  St.  James's  day 


No.  160  b]  THE   EMPIRE  FROM  1250  TO  1500          307 

• 

(July  25).  They  complained  to  the  king  about  the  wretched 
condition  of  the  land  and  its  troubles,  and  especially  about 
the  von  Quitzows  and  certain  other  nobles  and  their  support- 
ers who  controlled  the  land  by  means  of  the  castles  of  which 
they  had  got  possession,  and  who  were  doing  great  damage  to 
the  land  and  were  carrying  on  war  with  the  neighboring  lords 
and  their  lands.  They  besought  the  king  to  take  measures 
to  prevent  such  war,  violence,  and  damage.  The  king  then 
said  to  the  aldermen  that  he  himself  could  not  come  into  the 
mark  because  he  had  been  chosen  king  of  the  Romans,  and 
he  must  therefore  endeavor  to  rule  the  realm  and  to  restore 
unity  to  the  church  [i.e.,  end  the  schism]  ;  but  he  would  send 
them  a  governor  who  would  be  able  to  help  them.  He  then 
named  the  noble  prince,  Frederick,  burggrave  of  Niirnberg, 
as  the  governor  of  the  mark.  This  rejoiced  the  aldermen  very 
much  and  restored  their  confidence.  They  were  well  pleased, 
and  left  the  king  and  joyfully  returned  home. 

i6ob.  SIGISMUND  ORDERS  THE  PEOPLE  OF  THE  MARK  TO 
RECEIVE  FREDERICK  OF  HOHENZOLLERN  AS  THEIR  GOVERNOR, 
1412.  (GERMAN.) 

Riedel,  Codex  Diplomaticus  Brandenburgensis,  III,  p.  178. 

We,  Sigismund,  etc.  Dear  and  faithful  subjects :  We  here- 
by inform  you  again  that  we  have  made  the  noble  Frederick, 
burggravQ  of  Niirnberg,  our  dear  uncle,  cpunsellor,  and  prince, 
the  head  and  governor  of  the  whole  mark  of  Brandenburg. 
We  have  given  him  letters  to  that  effect.  And  when  your 
representatives  came  to  Ofen  and  did  homage  to  us  on  behalf 
of  the  nobles  and  cities  of  the  mark  we  orally  commanded 
them  to  receive  the  said  Frederick.  Therefore  we  again 
strictly  command  you  to  receive  him  without  any  delay  or 
opposition  and  to  render  him  the  homage  which  you  owe  us 
as  your  hereditary  margrave,  and  pay  homage  to  him  accord- 
ing to  the  instructions  which  are  contained  in  the  letters 


308    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

• 

which  we  have  given  him.  He  will  confirm  and  renew  all 
your  liberties,  rights,  good  customs,  and  charters,  and  pre- 
serve their  validity  just  as  I  have  done.  Given  at  Of  en, 
1412,  etc. 


V.     THE    CHURCH    FROM    125O  TO    15OO 

V\ 1 6 1.    BULL  OF  NICHOLAS  III  CONDEMNING  ALL  HERETICS, 
1280. 

Bullarium  Romanum,  III,  ii,  pp.  26  f. 

In  spite  of  the  vigorous  efforts  of  the  popes  to  destroy  heresy  (see 
nos.  116-118)  and  all  that  the  inquisitors  could  do,  heresies  in- 
creased. This  bull  of  Nicholas  III  shows  that  more  vigorous  measures 
were  being  used. 

Nicholas,  etc.  We  hereby,  excommunicate  and  anathema- 
tize all  heretics,  the  Cathari,  Patareni,  the  Poor  Men  of 
Lyon,  Passageni,  Josepheni,  the  Arnoldists,  Speronists,  and 
all  others  by  whatever  name  they  may  be  called.  (1)  When 
condemned  by  the  church,  they  shall  be  given  over  to  the  secu- 
lar judge  to  be  punished.  Clergymen  shall  be  degraded  before 
being  punished.  (2)  If  any,  after  being  seized,  repent  and 
wish  to  do  proper  penance,  they  shall  be  imprisoned  for  life. 
(3)  We  condemn  as  heretics  all  who  believe  the  errors  of 
heretics.  (4)  We  decree  that  all  who  receive,  defend,  or  aid 
heretics,  shall  be  excommunicated.  If  anyone  remains  under 
excommunication  a  year  and  a  day,  he  shall  be  proscribed. 
(5)  He  shall  not  be  eligible  to  hold  a  public  office,  or  to  vote 
in  the  election  of  officials.  (6)  His  word  shall  not  be  ac- 
cepted. (7)  He  can  not  serve  as  a  witness  nor  can  he 
make  a  will.  (8)  He  shall  not  succeed  to  an  inheritance. 
(9)  He  cannot  bring  suit  against  anyone,  but  suit  may  be 
brought  against  him.  •  (10)  If  he  is  a  judge,  his  sentences 
shall  be  invalid,  and  he  shall  not  be  permitted  to  hear  cases. 
(11)  If  he  is  an  advocate,  he  shall  not  be  permitted  to 
perform  the  duties  of  his  office.  (12)  If  he  is  a  notary,  the 
documents  which  he  draws  up  shall  be  invalid  and  con- 

309 


310    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

demned  with  him.  (13)  If  he  is  a  clergyman,  he  shall  be 
deposed  from  his  office  and  deprived  of  every  benefice.  (14) 
Those  who  associate  with  the  excommunicated  shall  them- 
selves be  excommunicated  and  properly  punished.  (15)  If 
those  who  are  suspected  of  heresy  can  not  prove  their  inno- 
cence, they  shall  be  excommunicated.  If  they  remain  under 
the  ban  of  excommunication  a  year,  they  shall  be  condemned 
as  heretics.  (16)  They  shall  have  no  right  of  appeal.  (17) 
If  judges,  advocates,  or  notaries  serve  them  in  an  official 
way,  they  shall  be  deprived  of  their  office.  '(18)  The  clergy 
shall  not  administer  to  them  the  sacraments,  nor  give  them 
a  part  of  the  alms.  If  they  do,  they  shall  be  deprived  of 
their  office  and  they  can  never  be  restored  to  it  without  the 
special  permission  of  the  pope.  .Whoever  grants  them  Chris- 
tian burial  shall  be  excommunicated  until  he  makes  proper 
satisfaction.  He  shall  not  be  absolved  until  he  has  with  his 
own  hands  publicly  dug  up  their  bodies  and  cast  them  forth, 
and  no  one  shall  ever  be  buried  in  the  same  place.  (19) 
We  prohibit  all  laymen  to  discuss  matters  of  the  catholic 
faith.  If  anyone  does  so,  he  shall  be  excommunicated.  (20) 
Whoever  knows  of  heretics,  or  those  who  are  holding  secret 
meetings,  or  those  who  do  not  conform  in  all  respects  to  the 
orthodox  faith,  shall  make  it  known  to  his  confessor,  or  to 
someone  else  who  will  bring  it  to  the  knowledge  of  the  bishop 
or  the  inquisitor.  If  he  does  not  do  so,  he  shall  be  excommu- 
nicated. (21)  Heretics  and  all  who  receive,  support,  or  aid 
them,  and  all  their  children  to  the  second  generation,  shall 
not  be  admitted  to  an  ecclesiastical  office  or  benefice.  If  any 
such  have  been  admitted,  their  admission  is  illegal  and  in- 
valid. For  we  now  deprive  all  such  of  their  benefices  for- 
ever, and  they  shall  never  be  admitted  to  others.  If  parents 
with  their  children  have  been  freed  [from  excommunication], 
and  their  parents  afterwards  return  to  the  heresy,  their 
children  are,  by  their  parents'  act,  again  brought  under  ex- 
communication. 


No.  162]      THE  CHURCH  FROM  1250  TO  1500  311 


•  -c.~ 


162.  THE  BULL  "CLERICIS  LAICOS"  OF  BONIFACE  VIII, 
1298. 

Tosti,  Histoire  de  Boniface  VIII,  I,  pp.  395  ff. 

In  theory  all  ecclesiastical  persons  and  possessions  were  immune 
from  secular  taxation,  but  the  pope  frequently  permitted  temporal 
rulers  to  levy  a  tax  on  them  for  the  aid  of  the  state  in  times  of 
public  necessity.  At  the  command  of  the  pope  such  taxes  had  been 
assessed  ( 1 )  to  carry  on  the  crusades  ( the  Saladin  tithe ) ,  ( 2 )  to 
make  war  on  Frederick  II,  ( 3 )  to  put  down  the  heresy  of  the  Albigen- 
ses,  (4)  to  resist  Peter  of  Aragon  when  he  attacked  Sicily,  etc.  It 
frequently  happened  that  the  large  sums  raised  for  the  crusades  went 
into  the  king's  treasury,  and  were  spent  for  other  things.  The  kings, 
especially  of  England  and  France,  found  this  a  very  convenient  way 
of  raising  money.  The  immediate  cause  of  the  publication  of  this 
bull  was  the  heavy  assessments  which  the  kings  of  England  and 
France  had  just  made  on  their  clergy.  Boniface  recognized  that  the 
immunities  and  liberties  of  .the  church  were  thereby  being  destroyed. 
In  spite  of  the  protests  of  both  pope  and  clergy,  neither  king  restored 
the  money  or  ceased  to  levy  taxes.  New  names  for  them  were  so 
skilfully  invented,  and  such  arguments  were  used,  that  the  clergy 
could  not  refuse  to  pay  without  seeming  to  be  disloyal  and  un- 
patriotic. Boniface  VIII  issued  this  bull  to  put  a  stop  to  the  tax- 
ation which  he  regarded  as  the  pillaging  of  the  churches.  It  must 
be  observed  that  the  pope  does  not  prohibit  such  taxes  altogether. 
He  preserves  his  authority  and  the  immunities  of  the  church  by 
retaining  the  right  to  sanction  whatever  taxes  may  be  assessed  on 
the  clergy  and  the  possessions  of  the  church. 

The  kings  of  both  England  and  France  were  engaged  in  policies 
which  necessitated  large  expenditures,  and  hence  they  were  in  need 
of  money.  Besides,  they  were  trying  to  centralize  all  authority  in 
their  hands  and  consequently  found  these  ecclesiastical  immunities 
a  great  obstacle  in  their  way.  We  have  here  an  evidence  that  the 
national  governments  had  begun  their  long  struggle  against  the  tem- 
poral authority  of  the  pope,  for  the  question  as  to  whether  the  king 
may  tax  the  church  and  clergy  was  one  phase  of  this  struggle. 

It  is  said  that  in  times  past  laymen  practiced  great  violence 
against  the  clergy,  and  our  experience  clearly  shows  that  they 
are  doing  so  at  present,  since  they  are  not  content  to  keep 
within  the  limits  prescribed  for  them,  but  strive  to  do  that 


312    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

which  is  prohibited  and  illegal.  And  they  pay  no  attention 
to  the  fact  that  they  are  forbidden  to  exercise  authority  over 
the  clergy  and  ecclesiastical  persons  and  their  possessions. 
But  they  are  laying  heavy  burdens  on  bishops,  churches,  and 
clergy,  both  regular  and  secular,  by  taxing  them,  levying 
contributions  on  them,  and  extorting  the  half,  or  the  tenth, 
or  the  twentieth,  or  some  other  part  of  their  income  and 
possessions.  They  are  striving  in  many  ways  to  reduce  the 
clergy  to  servitude  and  to  subject  them  to  their  own  sway. 
And  we  grieve  to  say  it,  but  some  bishops  and  clergy,  fearing 
where  they  should  not,  and  seeking  a  temporary  peace,  and 
fearing  more  to  offend  man  than  God,  submit,  improvidently 
rather  than  rashly,  to  these  abuses  [and  pay  the  sums  de- 
manded], without  receiving  the  papal  permission.  Wishing 
to  prevent  these  evils,  with  the  counsel  of  our  brethren,  and 
by  our  apostolic  authority,  we  decree  that  if  any  bishops  or 
clergy,  regular  or  secular,  of  any  grade,  condition,  or  rank, 
shall  pay,  or  promise,  or  consent  to  pay  to  laymen  any 
contributions,  or  taxes,  or  the  tenth,  or  the  twentieth,  or 
the  hundredth,  or  any  other  part  of  their  income  or  of  their 
possessions,  or  of  their  value,  real  or  estimated,  under  the 
name  of  aid,  or  loan,  or  subvention,  or  subsidy,  or  gift,  or 
under  any  other  name  or  pretext,  without  the  permission 
of  the  pope,  they  shall,  by  the  very  act,  incur  the  sen- 
tence of  excommunication.  And  we  also  decree  that  emperors, 
kings,  princes,  dukes,  counts,  barons,  podesta,  capitanei, 
and  governors  of  cities,  fortresses,  and  of  all  other  places 
everywhere,  by  whatever  names  such  governors  may  be 
called,  and  all  other  persons  of  whatever  power,  condition, 
or  rank,  who  shall  impose,  demand,  or  receive  such  taxes,  or 
shall  seize,  or  cause  to  be  seized,  the  property  of  churches 
or  of  the  clergy,  which  has  been  deposited  in  sacred  buildings, 
or  shall  receive  such  property  after  it  has  been  seized,  or  shall 
give  aid,  counsel,  or  support  in  such  things  either  openly  or 
secretly,  shall  by  that  very  act  incur  the  sentence  of  excom- 


No.  163]     THE  CHURCH  FROM  1250  TO  1500  313 

munication.  We  also  put  under  the  interdict  all  communities 
which  shall  be  culpable  in  such  matters.  And  under  the 
threat  of  deposition  we  strictly  command  all  bishops  and 
clergy,  in  accordance  with  their  oath  of  obedience,  not  to  sub- 
mit to  such  taxes  without  the  express  permission  of  the  pope. 
They  shall  not  pay  anything  under  the  pretext  that  they  had 
already  promised  or  agreed  to  do  so  before  the  prohibition 
came  to  their  knowledge.  They  shall  not  pay,  nor  shall  the 
above-named  laymen  receive  anything  in  any  way.  And  if 
the  ones  shall  pay,  or  the  others  receive  anything,  they  shall 
by  that  very  act  fall  under  the  sentence  of  excommunication. 
From  this  sentence  of  excommunication  and  interdict  no  one 
can  be  absolved  except  in  the  moment  of  death,  without  the 
authority  and  special  permission  of  the  pope.  .  .  . 


.    BONIFACE  VIII  ANNOUNCES  THE  JUBILEE  YEAR, 
1300. 

Tosti,  Histoire  de  Boniface  VIII,  II,  pp.  467  f. 

Boniface,  bishop,  etc.  We  know  that  in  times  past  gen- 
erous indulgences  and  remissions  of  sins  have  been  granted 
those  who  should  come  to  the  illustrious  churches  of  the 
prince  of  the  apostles  [St.  Peter's  in  Rome].  Our  office 
requires  us  to  desire  and  most  gladly  to  procure  the  salvation 
of  all,  and  so,  regarding  all  such  remissions  and  indulgences 
as  valid,  by  our  apostolic  authority  we  confirm,  approve,  and 
renew  them,  and  reinforce  them  with  this  present  writing. 
In  order  therefore  that  the  most  blessed  apostles,  Peter  and 
Paul,  may  be  more  highly  honored  in  that  the  faithful  de- 
voutly visit  their  churches,  and  that  those  who  do  so  may  feel 
that  they  are  filled  with  spiritual  gifts,  we,  through  the  mercy 
of  omnipotent  God  and  trusting  in  the  merits  and  authority 
of  his  apostles  [Peter  and  Paul],  at  the  advice  of  our  brethren 
and  in  the  fulness  of  our  apostolic  power,  grant  the  fullest  and 
broadest  forgiveness  of  all  their  sins  to  all  who,  during  the 
whole  of  this  1300th  year,  and  to  all  who,  in  every  hundredth 


314    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

}rear  to  come,  shall  reverently  come  to  these  churches  and 
truly  repent  and  confess.  We  decree  that  those  Romans  who 
wish  to  participate  in  this  indulgence  shall  visit  these 
churches  at  least  once  a  day  for  thirty  days,  either  consecu- 
tively or  at  intervals,  and  all  who  are  not  Romans  shall  visit 
them  in  the  same  way  for  fifteen  days.  But  the  more  de- 
voutly and  frequently  anyone  visits  them,  the  more  surely 
will/lie  deserve  and  obtain  the  indulgence. 


'164.  THE  BULL  "UN AM  SANCTAM"  OF  BONIFACE  VIII, 
1302. 

Raynaldus,  anno  1302,  sec.  13;  Revue  des  Questions  Historiques,  vol.  46,  pp. 
255  f. 

Boniface  VIII  had  become  involved  in  a  bitter  struggle  with  Philip 
IV  of  France  over  the  question  of  sovereignty.  Boniface  went  so 
far  as  to  summon  the  French  clergy  to  a  council  at  Rome  for  the 
purpose  of  dictating  a  settlement  of  all  the  disorders  in  France.  In 
reply  to  this,  Philip  IV  assembled  his  states-general  and  assured  him- 
self of  the  almost  unanimous  support  of  his  people  against  the  pope, 
and  sent  him  an  embassy  with  a  refusal  and  a  warning.  The  pope 
was  not  disconcerted  by  this,  but  plied  the  ambassadors  with  the  most 
extravagant  statements  of  his  secular  power.  On  the  heels  of  this 
he  published  this  famous  bull,  Unam  sanctam,  which  is  the  classic 
mediaeval  expression  of  the  papal  claims  to  universal  temporal  sover- 
eignty. It  is  an  excellent  example  of  mediaeval  reasoning. 

The  true  faith  compels  us  to  believe  that  there  is  one  holy 
catholic  apostolic  church,  and  this  we  firmly  believe  and 
plainly  confess.  And  outside  of  her  there  is  no  salvation  or 
remission  of  sins,  as  the  Bridegroom  says  in  the  Song  of 
Solomon:  "My  dove,  my  undefined  is  but  one;  she  is  the 
only  one  of  her  mother^  she  is  the  choice  one  of  her  that  bare 
her"  [Song  of  Sol.  6  :9] ;  which  represents  the  one  mystical 
body,  whose  head  is  Christ,  but  the  head  of  Christ  is  God 
[1  Cor.  11.3].  In  this  church  there  is  "one  Lord,  one  faith, 
one  baptism"  [Eph.  4:5].  For  in  the  time  of  the  flood 
there  was  only  one  ark,  that  of  Noah,  prefiguring  the  one 
church,  and  it  was  "finished  above  in  one  cubit"  [Gen.  6:16], 


No.  164]     THE  CHURCH  FROM  1250  TO  1500  315 

and  had  but  one  helmsman  and  master,  namely,  Noah.  And 
we  read  that  all  things  on  the  earth  outside  of  this  ark  were 
destroyed.  This  church  we  venerate  as  the  only  one,  since 
the  Lord  said  by  the  prophet:  "Deliver  my  soul  from  the 
sword;  my  darling  from  the  power  of  the  dog"  [Ps.  22:20]. 
He  prayed  for  his  soul,  that  is,  for  himself,  the  head; 
and  at  the  same  time  for  the  body;  and  he  named  his  body, 
that  is,  the  one  church,  because  there  is  but  one  Bridegroom 
[cf.  John  3  :29],  and  because  of  the  unity  of  the  faith,  of  the 
sacraments,  and  of  his  love  for  the  church.  This  is  the  seam- 
less robe  of  the  Lord  which  was  not  rent  but  parted  by  lot 
[John  19:23].  Therefore  there  is  one  body  of  the  one  and 
only  church,  and  one  head,  not  two  heads,  as  if  the  church 
were  a  monster.  And  this  head  is  Christ  and  his  vicar,  Peter 
and  his  successor ;  for  the  Lord  himself  said  to  Peter :  "Feed 
my  sheep"  [John  21 :16].  And  he  paid  "my  sheep,"  in  gen- 
eral, not  these  or  those  sheep  in  particular;  from  which  it 
is  clear  that  all  were  committed  to  him.  If  therefore  Greeks 
or  anyone  else  say  that  they  are  not  subject  to  Peter  and  his 
successors,  they  thereby  necessarily  confess  that  they  are  not 
of  the  sheep  of  Christ.  For  the  Lord  says  in  the  Gospel  of 
John,  that  there  is  one  fold  and  only  one  shepherd  [John 
10:16].  By  the  words  of  the  gospel  we  are  taught  that  the 
two  swords,  namely,  the  spiritual  authorrity  and  the  temporal 
are  in  the  power  of  the  church.  For  when  the  apostles  said 
"Here  are  two  swords"  [Luke  22:38] — that  is,  in  the  church, 
since  it  was  the  apostles  who  were  speaking — the  Lord  did 
not  answer,  "It  is  too  much,"  but  "It  is  enough."  Whoever 
denies  that  the  temporal  sword  is  in  the  power  of  Peter  does 
not  properly  understand  the  word  of  the  Lord  when  he  said : 
"Put  up  thy  sword  into  the  sheath"  [John  18:11].  Both 
swords,  therefore,  the  spiritual  and  the  temporal,  are  in  the 
power  of  the  church.  The  former  is  to  be  used  by  the  church, 
the  latter  for  the  church ;  the  one  by  the  hand  of  the  priest, 
the  other  by  the  hand  of  kings  and  knights,  but  at  the  com- 


316    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

mand  and  permission  of  the  priest.  Moreover,  it  is  necessary 
for  one  sword  to  be  under  the  other,  and  the  temporal 
authority  to  be  subjected  to  the  spiritual;  for  the  apostle 
says,  "For  there  is  no  power  but  of  God :  and  the  powers  that 
are  ordained  of  God"  [Rom.  13:1];  but  they  would  not  be 
ordained  \i.e.}  arranged  or  set  in  order;  note  the  play  on  the 
words]  unless  one  were  subjected  to  the  other,  and,  as  it  were, 
the  lower  made  the  higher  by  the  other.  For,  according  to  St. 
Dipnysius,  it  is  a  law  of  divinity  that  the  lowest  is  made  the 
highest  through  the  intermediate.  According  to  the  law  of 
the  universe  all  things  are  not  equally  and  directly  reduced  to 
order,  but  the  lowest  are  fitted  into  their  order  through  the 
intermediate,  and  the  lower  through  the  higher.1  And  we 
must  necessarily  admit  that  the  spiritual  power  surpasses  any 
earthly  power  in  dignity  and  honor,  because  spiritual  things 
surpass  temporal  things..  We  clearly  see  that  this  is  true 
from  the  paying  of  tithes,  from  the  benediction,  from  the 
sanctification,  from  the  receiving  of  the  power,  and  from 
the  governing  of  these  things.  For  the  truth  itself  declares 
that  the  spiritual  power  must  establish  the  temporal  power 
and  pass  judgment  on  it  if  it  is  not  good.  Thus  the  prophecy 
of  Jeremiah  concerning  the  church  and  the  ecclesiastical 
power  is  fulfilled:  "See,  I  have  this  day  set  thee  over  the 
nations  and  over  the  kingdoms,  to  root  out,  and  to  pull  down, 
and  to  destroy,  and  to  throw  down,  to  build,  and  to  plant" 
[Jer.  1 :10].  Therefore  if  the  temporal  power  errs,  it  will  be 
judged  by  the  spiritual  power,  and  if  the  lower  spiritual 
power  errs,  it  will  be  judged  by  its  superior.  But  if  the 
highest  spiritual  power  errs,  it  can  not  be  judged  by  men,  but 
by  God  alone.  For  the  apostle  says :  "But  he  that  is  spiritual 
judgeth  all  things,  yet  he  himself  is  judged  of  no  man" 
[1  Cor.  2:15].  Now  this  authority,  although  it  is  given  to 
man  and  exercised  through  man,  is  not  human,  but  divine. 
For  it  was  given  by  the  word  of  the  Lord  to  Peter,  and  the 
rock  was  made  firm  to  him  and  his  successors,  in  Christ  him- 


No.  165]     THE  CHURCH  FROM  1250  TO  1500  317 

self,  whom  he  had  confessed.  For  the  Lord  said  to  Peter: 
"Whatsoever  thou  shalt  bind  on  earth  shall  be  bound  in 
heaven:  and  whatsoever  thou  shalt  loose  on  earth  shall  be 
loosed  in  heaven"  [Matt.  16:19].  Therefore  whosoever 
resisteth  this  power  thus  ordained  of  God,  resisteth  the  .ordi- 
nance of  God  [Rom.  13:2],  unless  there  are  two  principles 
(beginnings),  as  Manichaus  pretends  there  are.  But  this  we 
judge  to  be  false  and  heretical.  For  Moses  says  that,  not  in 
the  beginnings,  but  in  the  beginning  [note  the  play  on  words], 
God  created  the  heaven  and  the  earth  [Gen.  1 :!].  We  there- 
fore declare,  say,  and  affirm  that  submission  on  the  part  of 
every  man  to  the  bishop  of  Rome  is  altogether  necessary  for 
his  salvation. 

*  This  is  an  example  of  scholastic  reasoning.  While  obscure,  it 
seems  to  be  a  general  argument  for,  or  explanation  of,  the  existence 
of  order  in  the  universe. 

165.  CONCLUSIONS  DRAWN  BY  MAESILIUS  OF  PADUA  FROM 
HIS  "DEFEXSOR  PACIS." 

Marsilius  of  Padua,  Defensor  Pacis,  Part  III,  ch.  ii;    Goldast,  Monarchia  Sancti 
Roman!  Imperil,  II,  pp.  309  ff. 

The  Defensor  Pacis  is  a  treatise  on  politics  written  by  Marsilius, 
or  Marsiglio,  a  canon  of  the  church  of  Padua,  in  1324.  His  authority 
is  the  Politics  of  Aristotle,  which  Marsilius  knew  from  a  Latin  sum- 
mary current  in  the  Middle  Age.  From  this  as  a  basis  he  constructs 
a  political  theory  and  tests  the  existing  institutions  by  it.  The 
work  is  divided  into  three  parts ;  the  first  two  form  a  diffuse  essay, 
and  the  last  is  a  summary  of  his  arguments  in  the  form  of  forty-two 
conclusiones,  which  are  translated  here,  because  they  give  in  a  concise 
form  the  essential  points  of  his  theory.  As  regards  the  political 
situation  of  his  own  time,  the  general  tendency  of  the  treatise  is 
imperial  and  anti-papal ;  it  was  used  by  Ludwig  IV  [the  Bavarian] 
in  his  conflict  with  the  Avignon  popes.  Hence  it  was  regarded  by 
the  papal  party  as  unorthodox  and  heretical.  In  the  bull  of  John 
XXII,  1327,  five  statements  were  selected  and  condemned  as  heresies 
(see  no.  166).  His  views  on  the  origin  and  nature  of  the  state  are 
Aristotelian:  the  state  is  a  perfected  community  existing  for  the 
good  of  the  people;  the  supreme  power  resides  in  the  body  of  the 


318    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

citizens,  who  make  the  laws,  and  choose  the  form  of  government,  etc. 
The  prince  rules  by  the  authority  of  the  whole  body  of  citizens.  To 
this  body  Marsilius  gives  the  name  legislator.  The  elective  monarchy 
is  the  form  of  government  preferred  by  Marsilius,  whose  ideal  state 
thus  corresponds  in  theory  with  the  holy  Roman  empire.  His  views 
on  the  relation  of  the  state  and  the  church  are  very  different  from 
the  views  common  in  the  Middle  Age.  The  supreme  institution  is 
the  state  which  has  established  the  priesthood  or  the  church  to  look 
after  the  spiritual  welfare  of  its  citizens.  Hence  the  state  has  the 
right  to  control  the  church,  but  the  church  has  not  the  corresponding 
right  to  control  the  state.  The  treatment  of  the  church  in  itself  is 
also  interesting.  Marsilius  attacks  the  Petrine  theory  and  the  whole 
papal  structure.  All  bishops  are  equal  in  religious  authority,  deriv- 
ing their  power  immediately  from  Christ.  If  one  priest  or  bishop  is 
placed  over  another  it  is  for  the  purpose  of  organization,  and  the 
authority  of  the  superior  is  derived  from  the  state.  He  also  asserts 
that  within  the  church  the  supreme  authority  is  not  the  pope,  but 
the  general  council  of  Christians. 

Conclusion  1.  The  one  divine  canonical  Scripture,  the 
conclusions  that  necessarily  follow  from  it,  and  the  interpre- 
tation placed  upon  it  by  the  common  consent  of  Christians, 
are  true,  and  belief  in  them  is  necessary  to  the  salvation  of 
those  to  whom  they  are  made  known. 

2.  The  general  council  of  Christians  or  its  majority  alone 
has  the  authority  to  define  doubtful  passages  of  the  divine 
law,  and  to  determine  those  that  are  to  be  regarded  as  articles 
of  the  Christian  faith,  belief  in  which  is  essential  to  salva- 
tion; and  no  partial  council  or  single  person  of  any  position 
has  the  authority  to  decide  these  questions. 

3.  The  gospels  teach  that  no  temporal  punishment  or 
penalty  should  be  used  to  compel  observance  of  divine  com- 
mandments. 

4.  It  is  necessary  to  salvation  to  obey  the  commandments 
of  the  new  divine  law  [the  New  Testament]  and  the  conclu- 
sions that  follow  necessarily  from  it  and  the  precepts  of 
reason;  but  it  is  not  necessary  to  salvation  to  obey  all  the 
commandments  of  the  ancient  law  [the  Old  Testament]. 


No.  165]     THE  CHURCH  FROM.  1250  TO  1500  319 

5.  No  mortal  has  the  right  to  dispense  with  the  com- 
mands or  prohibitions  of  the  new  divine  law ;  but  the  general 
council  and  the  Christian  "legislator"  l  alone  have  the  right 
to  prohibit  things  which  are  permitted  by  the  new  law,  under 
penalties  in  this  world  or  the  next,  and  no  partial  council  or 
single  person  of  any  position  has  that  right. 

6.  The  whole  body  of  citizens  or  its  majority  alone  is  the 
human  "legislator." 

7.  Decretals  and  decrees  of  the  bishop  of  Rome,  or  of 
any  other  bishops  or  body  of  bishops,  have  no  power  to  coerce 
anyone  by  secular  penalties  or  punishments,  except  by  the 
authorization  of  the  human  "legislator." 

8.  The  "legislator"  alone  or  the  one  who  rules  .by  its 
authority  has  the  power  to  dispense  with  human  laws. 

9.  The   elective  principality   or   other  office   derives   its 
authority  from  the  election  of  the  body  having  the  right  to 
elect,  and  not  from  the  confirmation  or  approval  of  any 
other  power. 

10.  The  election  of  any  prince  or  other  official,  especially 
one  who  has  the  coercive  power,2  is  determined  solely  by  the 
expressed  will  of  the  "legislator." 

11.  There  can  be  only  one  supreme  ruling  power  in  a 
state  or  kingdom. 

12.  The  number  and  the  qualifications  of  persons  who 
hold  state  offices  and  all  civil  matters  are  to  be  determined 
solely  by  the  Christian  ruler  according  to  the  law  or  ap- 
proved custom  [of  the  state]. 

13.  No  prince,  still  more,  no  partial  council  or  single 
person  of  any  position,  has  full  authority  and  control  over 
other  persons,  laymen  or  clergy,  without  the  authorization  of 
the  "legislator." 

14.  No  bishop  or  priest  has  coercive  authority  or  jurisdic- 
tion over  any  layman  or  clergyman,  even  if  he  is  a  heretic. 

15.  The  prince  who  rules  by  the  authority  of  the  "legisla- 
tor" has  jurisdiction  over  the  persons  and  possessions  of 


320    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

every  single  mortal  of  every  station,  whether  lay  or  clerical, 
and  over  every  body  of  laymen  or  clergy. 

16.  No  bishop  or  priest  or  body  of  bishops  or  priests  has 
the  authority  to  excommunicate  anyone  or  to  interdict  the 
performance  of  divine  services,  without  the  authorization  of 
the  "legislator." 

17.  All  bishops  derive  their  authority  in  equal  measure 
immediately  from  Christ,  and  it  cannot  be  proved  from  the 
divine  law  that  one  bishop  should  be  over  or  under  another, 
in  temporal  or  spiritual  matters. 

18.  The  other  bishops,  singly  or  in  a  body,  have  the  same 
right  by  divine  authority  to  excommunicate  or  otherwise  ex- 
ercise authority  over  the  bishop  of  Rome,  having  obtained  the 
consent  of  the  "legislator,"  as  the  bishop  of  Rome  has  to 
excommunicate  or  control  them. 

19.  No  mortal  has  the  authority  to  permit  marriages  that 
are  prohibited  by  the  divine  law,  especially  by  the  New  Tes- 
tament.   The  right  to  permit  marriages  which  are  prohibited 
by  human  law  belongs  solely  to  the  "legislator"  or  to  the  one 
who  rules  by  its  authority. 

20.  The  right  to  legitimatize  children  born  of  "illegitimate 
union  so  that  they  may  receive  inheritances,  or  other  civil  or 
ecclesiastical  offices  or  benefits,  belongs  solely  to  the  "legis- 
lator." 

21.  The  "legislator"  alone  has  the  right  to  promote  to 
ecclesiastical  orders,  and  to  judge  of  the  qualifications  of 
persons  for  these  offices,  by  a  coercive  decision,  and  no  priest 
or  bishop   has   the   right   to    promote    anyone   without   its 
authority. 

22.  The  prince  who  rules  by  the  authority  of  the  laws  of 
Christians,  has  the  right  to  determine  the  number  of  churches 
and  temples,  and  the  number  of  priests,  deacons,  and  other 
clergy  who  shall  serve  in  them. 

23.  "Separable"  3  ecclesiastical  offices  may  be  conferred 
or  taken  away  only  by  the  authority  of  the  "legislator" ;  the 


No.  165]     THE  CHURCH  FROM  1250  TO  1500  321 

same  is  true  of  ecclesiastical  benefices  and  other  property 
devoted  to  pious  purposes. 

24.  No  bishop  or  body  of  bishops  has  the  right  to  establish 
notaries  or  other  civil  officials. 

25.  No  bishop  or  body  of  bishops  may  give  permission  to 
teach  or  practice  in  any  profession  or  occupation,  but  this 
right  belongs  to  the  Christian  "legislator"  or  to  the  one  who 
rules  by  its  authority. 

26.  In  ecclesiastical  offices  and  benefices  those  who  have 
received   consecration  as  deacons  or  priests,  or  have  been 
otherwise  irrevocably  dedicated  to  God,  should  be  preferred 
to  those  who  have  not  been  thus  consecrated. 

27.  The  human  "legislator"  has  the  right  to  use  ecclesi- 
astical temporalities  for  the  common  public  good  and  defence, 
after  the  needs  of  the  priests  and  clergy,  the  expenses  of 
divine  worship,  and  the  necessities  of  the  poor  have  been 
satisfied. 

28.  All  properties  established  for  pious  purposes  or  for 
works  of  mercy,  such  as  those  that  are  left  by  will  for  the 
making  of  a  crusade,  the  redeeming  of  captives,  or  the  sup- 
port of  the  poor,  and  similar  purposes,  may  be  disposed  of  by 
the  prince  alone  according  to  the  decision  of  the  "legislator" 
and  the  purpose  of  the  testator  or  giver. 

29.  The  Christian  "legislator"  alone  has  the  right  to  for- 
bid or  permit  the  establishment  of  religious  orders  or  houses. 

30.  The  prince  alone,  acting  in  accordance  with  the  laws 
of  the  "legislator,"  has  the  authority  to  condemn  heretics, 
delinquents,  and  all  others  who  should  endure  temporal  pun- 
ishment, to  inflict  bodily  punishment  upon  them,   and  to 
exact  fines  from  them. 

31.  No  subject  who  is  bound  to  another  by  a  legal  oath 
may  be  released  from  his  obligation  by  any  bishop  or  priest, 
unless  the  "legislator"  has  decided  by  a  coercive  decision  that 
there  is  just  cause  for  it. 

32.  The  general  council  of  all  Christians  alone  has  the 


322    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

authority  to  create  a  metropolitan  bishop  or  church,  and  to 
reduce  him  or  it  from  that  position.       ) 

33.  The  Christian  "legislator"  or  the  one  who  rules  by  its 
authority  over  Christian  states,  alone  has  the  right  to  convoke 
either  a  general  or  local  council  of  priests,  bishops,  and  other 
Christians,  by  coercive  power ;  and  no  man  may  be  compelled 
by  threats  of  temporal  or  spiritual  punishment  to  obey  the 
decrees  of  a  council  convoked  in  any  other  way. 

34.  The  general  council  of  Christians  or  the  Christian 
"legislator"  alone  has  the  authority  to  ordain  fasts  and  other 
prohibitions  of  the  use  of  food;  the  council  or  "legislator" 
alone  may  prohibit  the  practice  of  mechanical  arts  or  teach- 
ing which  divine  law  permits  to  be  practiced  on  any  day,  and 
the  "legislator"  or  the  one  who  rules  by  its  authority  alone 
may  constrain  men  to  obey  the  prohibition  by  temporal  pen- 
alties. 

35.  The   general   council   of    Christians   alone   has   the 
authority  to  canonize  anyone  or  to  order  anyone  to  be  adored 
as  a  saint. 

36.  The   general   council   of    Christians    alone   has   the 
authority  to  forbid  the   marriage  of  priests,  bishops,   and 
other  clergy,  and  to  make  other  laws  concerning  ecclesiastical 
discipline,  and  that  council  or  the  one  to  whom  it  delegates 
its  authority  alone  may  dispense  with  these  laws. 

37.  It  is  always  permitted  to  appeal  to  the  "legislator" 
from  a  coercive  decision  rendered  by  a  bishop  or  priest  with 
the  authorization  of  the  "legislator." 

38.  Those  who  are  pledged  to  observe  complete  poverty 
may  not  have  in  their  possession  any  immovable  property, 
unless  it  be  with  the  fixed  intention  of  selling  it  as  soon  as 
possible  and  giving  the  money  to  the  poor;  they  may  not  have 
such  rights  in  either  movable  or  immovable  property  as  would 
enable  them,  for  example,  to  recover  them  by  a  coercive 
decision  from  any  person  who  should  take  or  try  to  take  them 
away. 


No.  165]     THE  CHURCH  PROM  1250  TO  1500  323 

39.  The  people  as  a  community  and  as  individuals,  ac- 
cording to  their  several  means,  are  required  by  divine  law 
to  support  the  bishops  and  other  clergy  authorized  by  the 
gospel,  so  that  they  may  have  food  and  clothing  and  the 
other  necessaries  of  life;  but  the  people  are  not  required  to 
pay  tithes  or  other  taxes  beyond  the  amount  necessary  for 
such  support. 

40.  The  Christian  "legislator"  or  the  one  who  rules  by  its 
authority  has  the  right  to  compel  bishops  and  other  clergy 
who  live  in  the  province  under  its  control  and   whom  it 
supplies  with  the  necessities  of  life,  to  perform  divine  services 
and  administer  the  sacrament. 

41.  The  bishop  of  Rome  and  any  other  ecclesiastical  or 
spiritual  minister  may  be  advanced  to  a  "separable"  ecclesi- 
astical office  only  by  the  Christian  "legislator"  or  the  one 
who  rules  by  its  authority,  or  by  the  general  council  of 
Christians;  and  they  may  be  suspended  from  or  deprived 
of  office  by  the  same  authority. 

1  In  regard  to  the  "legislator,"  Marsilius  cites  Aristotle  as  follows : 
"The  legislator  or  the  effective  cause  of  the  law  is  the  people,  the 
whole  body  of  the  citizens,  or  the  majority  of  that  body,  expressing 
its  will  and  choice  in  a  general  meeting  of  the  citizens,  and  com- 
manding or  deciding- that  certain  things  shall  be  done  or  left  undone, 
under  threat  of  temporal  penalty  or  punishment." 

2  "Coercive"   or   "coactive"   power   is   the    power,   residing   in    the 
ruler  or  the  officials  of  the  state  and  derived  from  the  "legislator,"  to 
compel  observance  of  the  laws  or  decrees  of  the  state  by  force  or 
threat  of  penalty.     A  coercive  judgment  is  a  judgment  given  by  an 
official  who  has  the  power  to  enforce  his  decisions.     Marsilius  main- 
tains that  coercive  power  and  coercive  judgments  are  the  preroga- 
tives of  the  state  and  cannot  be  exercised  by  the  church. 

3  "Separable"    offices    of    the    clergy,    according   to    Marsilius,    are 
those   functions   commonly   exercised   by   the  clergy,   which   are    not 
essentially    bound    up    with    their    spiritual    character.     The    terms 
essential  and  non-essential  are  used  as  synonymous  respectively  with 
inseparable  and  separable.     The  essential  or   inseparable   powers  of 
the  clergy  are  "the  power  to  bless  the  bread  and  wine,  and  turn  them 
into  the  blessed  body  and  blood  of  Christ,  to  administer  the  other 


324    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

sacraments  of  the  church,  and  to  bind  and  to  loose  men  from  their 
sins."  Non-essential  or  separable  functions  are  the  government  or 
control  of  one  priest  over  others  (i.e.,  the  offices  of  bishop,  arch- 
bishop, etc. ) ,  the  administration  of  the  sacraments,  etc.,  in  a  certain 
place  and  to  a  certain  people,  and  the  administration  of  temporal 
possessions  of  the  church.  In  respect  to  their  separable  functions  the 
clergy  are  under  the  control  of  the  state. 

1 66.     CONDEMNATION  OF  MAESILIUS  OF  PADUA.    1327. 

Denzinger,  p.  141. 

The  following  sentences  taken  from  Marsilius  of  Padua  and  John 
of  Jandun  were  condemned  by  John  XXII,  1327.  See  introductory 
note  to  no.  165. 

(1)  "When  Christ  ordered  the  coin  which  was  taken  from 
the  fish's  mouth  to  be  paid  to  the  tax  collector,  he  paid 
tribute  to  Caesar;  and  he  did  this  not  out  of  condescension 
or  kindness,  but  because  he  had  to  pay  it.     From  this  it  is 
clear  that  all  temporal  powers  and  possessions  of  the  church 
are  subject  to  the  emperor,  and  he  may  take  them  as  his  own. 

(2)  That  St.  Peter  had  no  more  authority  than  the  other 
apostles,  and  was  not  the  head  over  the  other  apostles;  and 
that  Christ  left  behind  no  head  of  the  church,  and  did  not 
appoint  anyone  as  his  vicar. 

(3)  That  the  emperor  has  the  right  to  make  and  depose 
popes  and  to  punish  them. 

(4)  That    all    priests,    whether    pope    or    archbishop    or 
simple  priest,  are,  in  accordance  with  the  appointment  of 
Christ,  of  equal  authority  and  jurisdiction. 

(6)  That  the  whole  church  together  can  not  punish  any 
man  with  coactive  punishment,  without  the  permission  of  the 
emperor. 

The  above  articles  are  contrary  to  the  holy  scriptures  and 
hostile  to  the  catholic  faith  and  we  [John  XXII]  declare 
them  to  be  heretical  and  erroneous,  and  the  aforesaid  Marsil- 
ius and  John  [of  Jandun]  to  be  open  and  notorious  heretics, 
or  rather  heresiarchs. 


No.  167]      THE  CHURCH  FROM  1250  TO  1500  325 

167.  THE  BEGINNING  OF  THE  SCHISM.  THE  MANIFESTO 
OF  THE  REVOLTING  CARDINALS.  AUG.  5,  1378. 

Baluzius,  Vitas  Paparum  Avenionensium,  I,  pp.  468  ff. 

At  the  death  of  Gregory  XI  in  1378,  the  cardinals  elected  Bartholo- 
mew, archbishop  of  Bari,  who  took  the  title  Urban  VI.  He  soon 
announced  that  he  would  not  remove  his  court  to  Avignon,  as  many 
of  the  cardinals  wished  him  to  do,  but  would  remain  in  Rome.  For 
various  reasons  the  cardinals  of  the  French  party  became  more  and 
more  displeased  with  Urban  and  soon  rebelled  against  him  and 
deposed  him.  After  publishing  a  manifesto,  in  which  they  defended 
their  action,  they  elected  Robert  of  Geneva,  who  called  himself 
Clement  VII.  The  manifesto  is  long  and  full  of  invective  and  gen- 
eralities, but  contains  very  little  argument  and  few  facts.  We  give 
only  the  essential  part  of  it. 

.  .  .  After  the  apostolic  seat  was  made  vacant  by  the 
death  of  our  lord,  pope  Gregory  XI,  who  died  in  March,  we 
assembled  in  conclave  for  the  election  of  a  pope,  as  is  the 
law  and  custom,  in  the  papal  palace,  in  which  Gregory  had 
died.  .  .  .  Officials  of  the  city  with  a  great  multitude 
of  the  people,  for  the  most  part  armed  and  called  together 
for  this  purpose  by  the  ringing  of  bells,  surrounded  the 
palace  in  a  threatening  manner  and  even  entered  it  and  almost 
filled  it.  To  the  terror  caused  by  their  presence  they  added 
threats  that  unless  we  should  at  once  elect  a  Roman  or  an 
Italian  they  would  kill  us.  They  gave  us  no  time  to  delib- 
erate but  compelled  us  unwillingly,  through  violence  and 
fear,  to  elect  an  Italian  without  delay.  In  order  to  escape 
the  danger  which  threatened  us  from  such  a  mob,  we  elected 
Bartholomew,  archbishop  of  Bari,  thinking  that  he  would 
have  enough  conscience  not  to  accept  the  election,  since  every 
one  knew  that  it  was  made  under  such  wicked  threats.  But  he 
was  unmindful  of  his  own  salvation  and  burning  with  ambi- 
tion, and  so,  to  the  great  scandal  of  the  clergy  and  of  the 
Christian  people,  and  contrary  to  the  laws  of  the  church,  he 
accepted  this  election  which  was  offered  him,  although  not  all 
the  cardinals  were  present  at  the  election,  and  it  was  extorted 


326    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

from  us  by  the  threats  and  demands  of  the  officials  and 
people  of  the  city.  And  although  such  an  election  is  null 
and  void,  and  the  danger  from  the  people  still  threatened  us, 
he  was  enthroned  and  crowned,  and  called  himself  pope  and 
apostolic.  But  according  to  the  holy  fathers  and  to  the  law 
of  the  church,  he  should  be  called  apostate,  anathema, 
Antichrist,  and  the  mocker  and  destroyer  of  Chris- 
tianity. .  .  . 

168.     THE  UNIVERSITY  OF  PARIS  AND  THE  SCHISM,  1393. 

D'Achery,  Spicilegium,  I,  pp.  777  f. 

In  1393  the  king  of  France  asked  the  University  of  Paris  to  devise 
a  way  of  ending  the  schism.  In  response  to  this  request,  each  mem- 
ber of  the  faculty  was  asked  to  propose  in  writing  the  way  which 
seemed  best  to  him,  and  to  advance  all  the  possible  arguments  in  its 
favor.  A  commission  of  fifty-four  professors,  masters,  and  doctors 
was  then  appointed  to  examine  all  the  proposed  ways  and  means. 
After  mature  deliberation  this  commission  proposed  three  possible 
ways  of  ending  the  schism  and  drew  them  up  in  writing  and  forwarded 
them  to  the  king.  They  discussed  at  some  length  the  relative  advan- 
tages and  disadvantages  of  each  way.  Their  letter  to  the  king  is  a 
long  one.  We  give  only  three  brief  extracts  from  it,  to  show  the 
three  ways  which  they  proposed. 

The  first  way.  Now  the  first  way  to  end  the  schism  is  that 
both  parties  should  entirely  renounce  and  resign  all  rights 
which  they  may  have  or  claim  to  have  to  the  papal 
office.  .  .  . 

The  second  way.  But  if  both  cling  tenaciously  to  their 
rights  and  refuse  to  resign,  as  they  have  done  up  to  now,  we 
would  propose  the  way  of  arbitration.  That  is,  that  they 
should  together  choose  worthy  and  suitable  men,  or  permit 
such  to  be  chosen  in  a  regular  and  canonical  way,  and  these 
shall  have  the  full  power  and  authority  to  discuss  the  case 
and  decide  it,  and  if  necessary  and  expedient,  and  approved 
by  those  who.  according  to  the  canon  law  have  the  authority 
[that  is,  the  cardinals],  they  may  also  have  the  right  to  pro- 
ceed to  the  election  of  a  pope. 


No.  169]     THE  CHURCH  FROM  1250  TO  1500  327 

The  third  way.  If  the  rival  popes,  after  being  urged  in  a 
brotherly  and  friendly  manner,  will  not  accept  either  of  the 
above  ways,  there  is  a  third  way  which  we  propose  as  an 
excellent  remedy  for  this  sacrilegious  schism.  We  mean  that 
the  matter  shall  be  left  to  a  general  council.  This  general 
council  might  be  composed,  according  to  canon  law,  only  of 
prelates,  or,  since  many  of  them  are  very  illiterate,  and  many 
of  them  are  bitter  partisans  of  one  or  the  other  pope,  there 
might  be  joined  with  the  prelates  an  equal  number  of  masters 
and  doctors  of  theology  and  law  from  the  faculties  of 
approved  universities.  Or  if  this  does  not  seem  sufficient 
to  anyone,  there  might  be  added  besides  one  or  more  repre- 
sentatives from  cathedral  chapters  and  the  chief  monastic 
orders,  in  order  that  all  decisions  might  be  rendered  only 
after  most  careful  examination  and  mature  deliberation. 

• 

169.  THE  COUNCIL  OF  PISA  DECLARES  IT  is  COMPETENT 
TO  TRY  THE  POPES.  1409. 

Raynaldus,  anno  1409,  sec.  71. 

There  was  no  recognized  legal  machinery  in  the  church  by  which 
the  schism  could  be  ended,  and  there  was  no  emperor,  as  in  the 
days  of  Innocent  II,  who  was  willing  to  end  it  by  force.  It  was 
decided  to  leave  the  matter  to  a  general  council,  but  there  was  some 
doubt  as  to  ( 1 )  whether  a  council  could  be  legally  called  by  anyone 
except  a  pope,  and  (2)  whether  the  council  was  legally  empowered 
to  cite  the  two  papal  claimants  before  it  and  decide  the  case  between 
them.  Finally  a  council  was  called  by  the  cardinals;  it  met  at  Pisa 
and  proceeded  first  to  assert  its  legality  and  authority.  The  conciliar 
movement,  begun  by  this  council,  was  foreshadowed  in  earlier  docu- 
ments. See  nos.  165  and  168. 

This  holy  and  general  council,  representing  the  universal 
church,  decrees  and  declares  that  the  united  college  of 
cardinals  was  empowered  to  call  the  council,  and  that  the 
power  to  call  such  a  council  belongs  of  right  to  the  aforesaid 
holy  college  of  cardinals,  especially  now  when  there  is  a* 
detestable  schism.  The  council  further  declared  that  this 


328    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

holy  council,  representing  the  universal  church,  caused  both 
claimants  of  the  papal  throne  to  be  cited  in  the  gates  and 
doors  of  the  churches  of  Pisa  to  come  and  hear  the  final 
decision  [in  the  matter  of  the  schism]  pronounced,  or  to  give 
a  good  and  sufficient  reason  why  such  sentence  should  not  be 
rendered. 

170.  AN    OATH   OF   THE   CARDINALS   TO   REFORM   THE 
CHURCH.     COUNCIL  OF  PISA,  1409. 

Raynaldus,  anno  1409,  sec.  71. 

In  the  great  councils  of  Pisa  and  Constance  there  were  two  parties, 
the  one  in  favor  of  reforming  the  church  at  once  and  ending  the 
schism  afterwards  (that  is,  by  electing  another  pope),  and  the  other 
in  favor  of  first  electing  the  pope  and  then  carrying  out  the  reform 
under  his  direction.  The  latter  party  was  victorious,  but  before 
proceeding  to  the  election,  each  cardinal  was  compelled  to  take  an 
oath  that,  if  elected,  he  would  not  dissolve  the  council  until  a  thor- 
ough reform  of  the  church  was  brought  about. 

We,  each  and  all,  bishops,  priests,  and  deacons  of  the  holy 
Roman  church,  congregated  in  the  city  of  Pisa  for  the  pur- 
pose of  ending  the  schism  and  of  restoring  the  unity  of  the 
church,  on  our  word  of  honor  promise  God,  the  holy  Roman 
church,  and  this  holy  council  now  collected  here  for  the 
aforesaid  purpose,  that,  if  any  one  of  us  is  elected  pope,  he 
shall  continue  the  present  council  and  not  dissolve  it,  nor,  so 
far  as  is  in  his  power,  permit  it  to  be  dissolved  until,  through 
it  and  with  its  advice,  a  proper,  reasonable,  and  sufficient 
reformation  of  the  universal  church  in  its  head  and  in  its 
members  shall  have  been  accomplished. 

171.  THE    COUNCIL   OF   CONSTANCE    CLAIMS    SUPREME 
AUTHORITY,  1415. 

V.  d.  Hardt,  II,  p.  98. 

See  introductory  note  to  nos.  168,  169. 

'  This  holy  synod  of  Constance,  being  a  general  council,  and 
legally  assembled  in  the  Holy  Spirit  for  the  praise  of  God 


No.  172]     THE  CHURCH  FROM  1250  TO  1500  329 

and  for  ending  the  present  schism,  and  for  the  union  and 
reformation  of  the  church  of  God  in  its  head  and  in  its 
members,  in  order  more  easily,  more  securely,  more  com- 
pletely, and  more  fully  to  bring  about  the  union  and  refor- 
mation of  the  church  of  God,  ordains,  declares,  and  decrees 
as  follows:  And  first  it  declares  that  this  synod,  legally 
assembled,  is  a  general  council,  and  represents  the  catholic 
church  militant  and  has  its  authority  directly  from  Christ; 
and  everybody,  of  whatever  rank  or  dignity,  including  also 
the  pope,  is  bound  to  obey  this  council  in  those  things  which 
pertain  to  the  faith,  to  the  ending  of  this  schism,  and  to  a 
general  reformation  of  the  church  in  its  head  and  members. 
Likewise  it  declares  that  if  anyone,  of  whatever  rank,  condi- 
tion, or  dignity,  including  also  the  pope,  shall  refuse  to  obey 
the  commands,  statutes,  ordinances,  or  orders  of  this  holy 
council,  or  of  any  other  holy  council  properly  assembled,  in 
regard  to  the  ending  of  the  schism  and  to  the  reformation  of 
the  church,  he  shall  be  subject  to  the  proper  punishment ;  and 
unless  he  repents,  he  shall  be  duly  punished ;  and  if  necessary, 
recourse  shall  be  had  to  other  aids  of  justice. 

172.  REFORMS  DEMANDED  BY  THE  COUNCIL  or  CON- 
STANCE, 1417. 

V.  d.  Hardt,  IV,  p.  1452. 

The  reforming  party  in  the  council  of  Constance  had  been  defeated 
in  its  attempt  to  fix  the  order  of  business  which  the  council  should 
follow.  As  in  the  council  at  Pisa,  it  had  been  determined  that  the 
pope  should  be  elected  first  and  then  the  reform  be  worked  out.  The 
leaders  of  the  reform  party  were  fearful  that  no  reform  would  be 
accomplished,  and  so  as  a  kind  of  compromise  and  as  a  last  desperate 
effort  they  succeeded  in  having  the  council  enact  that  reforms  should 
be  made  in  the  following  eighteen  points. 

The  holy  council  at  Constance  determined  and  decreed  that 
before  this  holy  council  shall  be  dissolved,  the  future  pope, 
by  the  grace  of  God  soon  to  be  elected,  with  the  aid  of  this 
holy  council,  or  of  men  appointed  by  each  nation,  shall 


330    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

reform  the  church  in  its  head  and  in  the  Roman  curia,  in 
conformity  to  the  right  standard  and  good  government  of  the 
church.  And  reforms  shall  be  made  in  the  following  mat- 
ters: 1.  In  the  number,  character,  and  nationality  of  the 
cardinals.  2.  In  papal  reservations.  3.  In  annates,  and  in 
common  services  and  little  services.  4.  In  the  granting  of 
benefices  and  expectancies.  5.  In  determining  what  cases 
may  be  tried  in  the  papal  court.  6.  In  appeals  to  the  papal 
court.  7.  In  the  offices  of  the  cancellaria,  and  of  the  peniten- 
tiary. 8.  In  the  exemptions  and  incorporations  made  during 
the  schism.  9.  In  the  matter  of  commends.  10.  In  the  con- 
firmation of  elections.  11.  In  the  disposition  of  the  income 
of  churches,  monasteries,  and  benefices  during  the  time  when 
they  are  vacant.  12.  That  no  ecclesiastical  property  be 
alienated.  13.  It  shall  be  determined  for  what  causes  and 
how  a  pope  may  be  disciplined  and  deposed.  14.  A  plan 
shall  be  devised  for  putting  an  end  to  simony.  15.  In  the 
matter  of  dispensations.  16.  In  the  provision  for  the  pope 
and  cardinals.  17.  In  indulgences.  18.  In  assessing  tithes. 

The  following  notes  explain  the  various  points  of  the  reform  pro- 
gram: 1.  Various  cardinals  were  frequently  charged  with  luxurious 
living  and  even  with  grave  immorality.  For  some  time  French  car- 
dinals had  been  in  the  majority.  The  demand  was  now  made  that  all 
nations  should  have  an  equal  representation  in  the  college  of  car- 
dinals. 2.  The  popes  arbitrarily  reserved  the  right  to  appoint  to  the 
richest  livings,  and  their  appointees  had  to  pay  well  for  their 
appointments.  3.  Annates  were  ( 1 )  the  income  for  a  year,  collected 
from  every  living  or  benefice  when  it  became  vacant  by  the  death  of 
the  holder;  (2)  the  income  of  a  bishopric  for  a  year,  paid  by  the 
newly  elected  bishop.  Under  "common  services  and  little  services" 
were  included  various  other  payments,  in  addition  to  the  annates, 
which  every  newly  elected  bishop  was  expected  to  pay  the  pope. 
4.  The  pope  strove  to  increase  the  number  of  benefices  and  livings  to 
which  he  might  appoint.  It  was  not  uncommon  to  sell  the  "expecta- 
tion" to  a  benefice;  that  is,  while  the  holder  of  a  benefice  was  still 
alive  the  right  or  expectation  of  succeeding  him  in  his  benefice  at 
his  death  was  sold  to  some  one.  5.  The  popes  wished  to  increase  the 
number  of  cases  or  trials  that  could  be  tried  only  in  the  papal  court. 


No.  173]     THE  CHURCH  FROM  1250  TO  1500  331 

There  was  no  clear  principle  to  determine  which  cases  must  be  tried 
in  the  papal  court,  and  which  not.  There  were  certain  costs  con- 
nected with  every  trial,  and  hence  such  trials  were  a  source  of  income 
to  the  papal  court.  6.  So  many  appeals  were  made  to  Rome  by  those 
who  had  lost  their  cases  at  home  or  who  feared  they  would  lose  them, 
that  the  papal  court  was  overwhelmed  with  work  and  could  not  try 
them  promptly.  Appeals  to  Rome  were  often  made  to  gain  time  and 
to  defeat  justice.  7.  The  "cancellaria"  was  the  office  in  which  the 
papal  secretaries  wrote  the  bulls,  letters,  etc.,  of  the  pope.  The 
penitentiary  was  the  office  "in  which  are  examined  and  delivered  out 
the  secret  bulls,  graces,  and  dispensations  relating  to  cases  of  con- 
science, confession,  and  the  like."  8.  By  exemptions  is  meant  the 
freeing  of  a  monastery  from  the  jurisdiction  of  the  bishop  in  whose 
diocese  the  monastery  is  situated.  "Incorporation"  is  the  depriving 
a  parish  church  of  its  income  and  giving  it  to  another  church.  9.  A 
"commend"  is  the  granting  of  a  benefice  temporarily  on  the  condition 
that  a  certain  sum  be  paid  fos  it  annually.  10.  The  pope  must  con- 
firm the  election  of  all  bishops,  abbots,  etc.  11.  At  the  death  of  a 
bishop  the  pope  claimed  the  income  of  his  bishopric  until  his  suc- 
cessor was  elected.  The  same  is  true  of  monasteries  and  many 
ecclesiastical  benefices. 

173.  CONCERNING  GENERAL  COUNCILS.  THE  COUNCIL 
OF  CONSTANCE,  39TH  SESSION,  OCTOBER  9,  1417. 

V.  d.  Hardt,  IV,  p.  1435. 

The  conciliar  idea  was  that  a  general  council,  since  it  represented 
the  whole  church,  was  the  highest  authority  in  the  church,  to  which 
even  the  pope  must  submit.  The  promoters  of  this  idea  planned  to 
have  a  general  council  meet  at  regular  intervals. 

A  good  way  to  till  the  field  of  the  Lord  is  to  hold  general 
councils  frequently,  because  by  them  the  briers,  thorns,  and 
thistles  of  heresies,  errors,  and  schisms  are  rooted  out,  abuses 
reformed,  and  the  way  of  the  Lord  made  more  fruitful.  But 
if  general  councils  are  not  held,  all  these  evils  spread  and 
flourish.  We  therefore  decree  by  this  perpetual  edict  that 
general  councils  shall  be  held  as  follows :  The  first  one  shall 
be  held  five  years  after  the  close  of  this  council,  the  second 
one  seven  years  after  the  close  of  the  first,  and  forever 
thereafter  one  shall  be  held  every  ten  years.  One  month 


332    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

before  the  close  of  each  council  the  pope,  with  the  approval 
and  consent  of  the  council,  shall  fix  the  place  for  holding  the 
next  council.  If  the  pope  fails  to  name  the  place  the  council 
must  do  so. 


174.  PlUS  II,  BY  THE  BULL  "EXECRABILIS,"  CONDEMNS 
APPEALS  TO  A  GENERAL  COUNCIL,  1459. 

Denzinger,  p.  172. 

In  the  great  struggle  with  the  councils  the  pope  had  come  out 
victorious.  He  had  successfully  resisted  all  attempts  to  make  any 
important  changes  in  the  administration  of  the  church,  or  to  intro- 
duce the  reforms  which  were  so  loudly  called  for.  Although  the 
council  at  Basel  had  brought  the  conciliar  idea  into  disrepute,  there 
were  many  who  still  called  for  a  general  council  as  the  only  means 
of  securing  the  reforms  which  were  demanded.  Pius  II  condemned 
and  prohibited  all  such  appeals. 

The  execrable  and  hitherto  unknown  abuse  has  grown 
up  in  our  day,  that  certain  persons,  imbued  with  the 
spirit  of  rebellion,  and  not  from  a  desire  to  secure  a  better 
judgment,  but  to  escape  the  punishment  of  some  offence 
which  they  have  committed,  presume  to  appeal  from  the 
pope  to  a  future  council,  in  spite  of  the  fact  that  the  pope  is 
the  vicar  of  Jesus  Christ  and  to  him,  in  the  person  of  St. 
Peter,  the  following  was  said:  "Feed  my  sheep"  [John 
21 :16]  and  "Whatsoever  thou  shalt  bind  on  earth  shall  be 
bound  in  heaven"  [Matt.  16  :18].  Wishing  therefore  to  expel 
this  pestiferous  poison  from  the  church  of  Christ  and  to  care 
for  the  salvation  of  the  flock  entrusted  to  us,  and  to  remove 
every  cause  of  offence  from  the  fold  of  our  Saviour,  with  the 
advice  and  consent  of  our  brothers,  the  cardinals  of  the  holy 
Roman  church,  and  of  all  the  prelates,  and  of  those  who  have 
been  trained  in  the  canon  and  civil  law,  who  are  at  our  court, 
and  with  our  own  sure  knowledge,  we  condemn  all  such 
appeals  and  prohibit  them  as  erroneous  and  detestable. 


No.  175]     THE  CHURCH  FROM  1250  TO  1500  333 

175.  WILLIAM  III  OF  SAXONY  FORBIDS  APPEALS  TO 
FOREIGN  COURTS,,  1446. 

Schilter,  De  libertate  ecclesiarum  Germanise,  pp.  808  ff. 

At  this  time  secular  rulers  were  everywhere  growing  in  power, 
and  centralizing  the  authority  in  their  own  hands,  which  led  them 
to  try  to  diminish  the  power  of  the  clergy.  This  document  shows 
the  legal  confusion  which  then  existed,  caused  in  part  by  the  usurpa- 
tions which  the  ecclesiastical  courts  practiced.  Following  the  exam- 
ples of  the  kings  of  England  and  France,  William  III,  duke  of  Sax- 
ony, limited  ecclesiastical  courts  to  their  proper  jurisdiction  and 
forbade  the  clergy  to  try  secular  cases.  As  a  sovereign  power  he 
also  forbade  all  appeals  to  foreign  courts,  which  of  course  included 
the  pope. 

My  country  suffers  dishonor,  and  great  loss  and  injury,  in 
that  many  of  its  inhabitants  resort  to  foreign  courts.  Be  it 
known  that  we  have  decreed  that  hereafter  no  inhabitant  of 
our  country  shall  summon  or  sue  another  before  any  foreign 
court,  ecclesiastical  or  secular,  for  any  matter  whatsoever. 
If  the  case  is  ecclesiastical  and  legally  comes  under  the  juris- 
diction of  an  ecclesiastical  court,  the  plaintiff  shall  bring  it 
before  some  ecclesiastical  court  in  our  country,  and  be  con- 
tent with  the  decision  rendered  there.  There  shall  be  no 
appeal  to  a  foreign  court.  If  the  case  is  secular,  it  shall  be 
brought  and  pleaded  before  the  secular  court  where  the 
defendant  belongs.  It  shall  be  tried  before  that  court  under 
whose  jurisdiction  the  case  falls,  and  the  plaintiff  shall  be  con- 
tent with  the  decision  rendered.  If  any  inhabitant  of  our 
land  is  not  content  with  the  decision,  but  appeals  to  a  foreign 
court  in  any  way,  he  shall  be  held  to  be  an  outlaw.  He  shall 
be  banished  for  life  and  never  be  permitted  to  return  to  this 
country;  and  anyone  may  attack  him  and  his  property  with- 
out any  hindrance,  because  he  is  an  outlaw.  .  .  .  We  and 
our  subjects  have  for  a  long  time  been  annoyed  and  troubled 
beyond  measure  by  the  ecclesiastical  judges  who  hear  cases 
which  do  not  belong  under  their  jurisdiction.  For  although 
they  are  only  ecclesiastical  judges,  they  hear  ecclesias- 


334    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

tical  and  secular  cases.  And  very  often  they  render  unjust 
decisions.  The  effect  of  this  is  the  spread  of  unbelief  among 
the  people,  who  neglect  and  dishonor  God  and  the  holy 
church.  The  glory  of  God  and  the  honor  of  the  church  de- 
mand that  this  abuse  be  stopped.  We  will  therefore  do  all 
we  can  to  have  the  princes  and  prelates  who  have  jurisdiction 
in  our  land  reform  their  ecclesiastical  courts.  For  these 
ecclesiastical  courts  shall  refuse  to  hear  secular  cases  and  try 
only  ecclesiastical  cases.  We  forbid  all  persons  in  our  land  to 
summon,  sue,  or  denounce  another  on  a  secular  charge  before 
an  ecclesiastical  court.  .  .  . 

176.  PAPAL  CHARTER  FOR  THE  ESTABLISHMENT  OF  THE 
UNIVERSITY  OF  AVIGNON,  1303. 

Bullarium  Romanum,  III,  ii,  pp.  101  f. 

It  was  regarded  as  the  exclusive  right  of  the  pope  to  establish  a 
university,  or  studium  generate,  as  it  was  called.  We  give  the  docu- 
ment by  which  he  established  the  University  of  Avignon  as  a  sample 
of  these  numerous  papal  establishments.  It  contains  a  clear  and 
interesting  account  of  the  examinations  and  the  conferring  of  the 
Master's  degree. 

The  city  of  Avignon  for  many  reasons  is  eminently  suited 
and  fitted  to  become  the  seat  of  a  university.  Believing  that 
it  would  be  for  the  public  good  if  those  who  cultivate  wisdom 
were  introduced  into  the  city,  and  that  they  would  in  time 
bear  rich  fruit,  by  this  document  we  grant  that  a  university 
may  be  established  there,  in  which  Masters  [magistri]  may 
teach,  and  scholars  freely  study  and  hear  lectures,  in  all 
faculties.  And  when  those  who  study  in  the  university  attain 
a  high  degree  of  knowledge,  and  ask  for  the  permission  to 
teach  others,  we  grant  that  they  may  be  examined  in  the 
canon  and  civil  law,  and  in  medicine,  and  in  the  liberal  arts, 
and  that  they  may  be  decorated  with  the  title  of  Master  in 
those  faculties.  All  who  are  to  be  promoted  to  this  honor 
shall  be  presented  to  the  bishop  of  Avignon.  He  shall  call 


No.  176]     THE  CHURCH  FROM  1250  TO  1500  335 

together  all  the  Masters  in  the  faculty  concerned,  and  without 
any  charge  he  shall  examine  the  candidates  to  discover  their 
learning,  eloquence,  manner  of  reading  [lecturing],  and  the 
other  things  which  are  required  in  those  who  are  to  be  made 
Doctors  or  Masters.  He  shall  then  consult  the  Masters  about 
the  examination  and  they  shall  vote  on  the  question  of  grant- 
ing the  degree  [that  is,  decide  whether  the  candidate  passed 
the  examination  or  not].  But  their  vote  shall  be  kept  secret, 
and  the  bishop  shall  never  tell  how  they  voted  on  the  question. 
Those  whom  he  finds  fit,  he  shall  approve,  and  grant  them 
the  permission  to  teach  others.  But  those  whom  he  finds  are 
not  fit,  he  shall  refuse  without  fear  or  favor.  If  the  bishopric 
of  Avignon  is  vacant,  the  candidates  shall  present  themselves 
to  the  prcepositus  of  the  church,  who  shall  examine  them  and 
approve  them  in  the  way  prescribed  for  the  bishop. 

Those  who  are  examined  and  approved  in  Avignon  and 
receive  the  license  to  teach,  shall  thereafter  have  the  full  and 
free  right  to  read  and  teach  everywhere,  in  that  faculty  in 
which  they  have  been  approved,  without  further  examination 
or  approval  by  anyone  else. 

In  order  that  such  examinations  may  be  properly  held,  we 
command  that  all  Masters  who  wish  to  read  in  the  University 
of  Avignon  shall,  before  beginning  their  work  there  as 
teachers,  take  a  public  oath  that  they  will  come  in  person  to 
all  the  examinations  whenever  called,  and  that  they  will, 
gratis  and  without  fear  or  favor,  faithfully  give  the  bishop 
their  judgment  about  the  examination,  in  order  that  those 
who  are  worthy  may  be  approved,  and  those  who  are  un- 
worthy may  be  rejected.  Those  who  refuse  to  take  this  oath 
shall  not  be  permitted  to  read  in  the  university,  or  to  be 
present  at  the  examinations,  or  to  share  in  any  of  the  advan- 
tages or  benefits  of  the  university. 

In  order  that  the  Doctors  [teachers]  and  scholars  of  the 
university  may  be  able  to  devote  themselves  freely  to  their 
studies,  and  to  make  good  progress  in  them,  we  grant  that 


336    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

all  who  are  in  the  university,  whether  teachers  or  scholars, 
shall  have  all  the  privileges,  liberties,  and  immunities  which 
are  generally  granted  to  teachers  and  scholars  of  other  uni- 
versities. 

177.  POPULAR  DISSATISFACTION  THAT  THE  CHURCH  HAD 
so  MUCH  WEALTH,  ca.  1480. 

Goldast's  Reichssatzung,  p.  280. 

We  give  a  brief  passage  from  an  unknown  author  to  illustrate  the 
growing  dissatisfaction  of  the  common  people  that  the  church  had 
so  much  wealth.  It  betrays  a  dangerous  temper  of  mind.  In  the 
light  of  this  the  suppression  of  monasteries  and  the  seizure  of  eccle- 
siastical property  which  was  carried  out  on  so  large  a  scale  in  the 
sixteenth  century  does  not  seem  strange. 

It  is  as  clear  as  day  that  by  means  of  smooth  and  crafty 
words  the  clergy  have  deprived  us  of  our  rightful  possessions. 
For  they  blinded  the  eyes  of  our  forefathers,  and  persuaded 
them  to  buy  the  kingdom  of  heaven  with  their  lands  and 
possessions.  If  you  priests  give  the  poor  and  the  chosen 
children  of  God  their  paternal  inheritance,  which  before 
God  you  owe  them,  God  will  perhaps  grant  you  such  grace 
that  you  will  know  yourselves.  But  so  long  as  you  spend  your 
money  on  your  dear  harlots  and  profligates,  instead  of  upon 
the  children  of  God,  you  may  be  sure  that  God  will  reward 
you  according  to  your  merits.  For  you  have  angered  and 
overburdened  all  the  people  of  the  empire.  The  time  is 
coming  when  your  possessions  will  be  seized  and  divided  as 
if  they  were  the  possessions  of  an  enemy.  As  you  have 
oppressed  the  people,  they  will  rise  up  against  you  so  that  you 
will  not  know  where  to  find  a  place  to  stay. 

178.  COMPLAINTS  OF  THE  GERMANS  AGAINST  THE  POPE, 
1510. 

Gebhardt,  Gravamina  gegen  den  Romischen  Hof,  pp.  83  f. 
This  is  a  brief  list  of  the  complaints  made  by  the  Germans  in  1510 
and  presented  to  Julius  II.     Most  of  them,  it  will  be  observed,  are 


No.  178]     THE  CHURCH  FROM  1250  TO  1500  337 

concerned  with  the  financial  burdens  with  which   the  Germans  felt 
that  they  were  overwhelmed. 

(1)  That  popes  do  not  feel  bound  to  observe  the  bulls, 
agreements,  privileges,  and  letters  which  have  been  issued  by 
their  predecessors,  but  often  dispense  with,  suspend,  and 
revoke  them  at  the  request  of  people  even  of  low  birth.  (2) 
That  the  pope  sometimes  refuses  to  confirm  the  canonical 
election  of  bishops.  (3)  That  the  pope  sometimes  rejects 
the  election  of  prcepositi  [provosts],  although  made  by  chap- 
ters which  have  paid  a  high  price  for  the  right  to  elect. 
.  .  .  (4)  That  the  better  benefices  and  higher  offices  are 
reserved  for  the  cardinals  and  the  chief  officials  of  the  papal 
court.  (5)  That  an  unlimited  number  of  expectancies  are 
granted,  and  many  are  given  for  the  same  office  to  different 
persons.  And  many  expectancies  are  sold  to  one  and  the 
same  person.  From  this  practice,  lawsuits  arise  daily,  which 
cause  all  concerned  to  incur  heavy  expenses.  For  if  a  man 
buys  an  expectancy,  he  will  probably  never  get  the  office,  but 
he  will  surely  become  involved  in  a  lawsuit  about  it  which 
will  cost  him  a  great  deal  of  money.  On  this  account  the 
proverbial  saying  has  arisen:  "If  anyone  obtains  an  expect- 
ancy from  Eome,  let  him  lay  aside  one  or  two  hundred  gold 
coins,  for  he  will  need  them  in  his  lawsuit  about  it."  (6) 
Even  when  a  bishopric  is  several  times  within  a  few  years 
made  vacant  by  death,  the  pope  without  any  mercy  demands 
the  prompt  and  full  payment  of  the  annates.  And  some- 
times when  the  pope  creates  new  offices  and  enlarges  his 
court,  more  is  demanded  as  annates  than  is  just.  .  .  . 

(7)  Churches  are  given  to  members  of  the  papal  court,  some 
of  whom  are  better  fitted  to  be  mule  drivers  than  pastors. 

(8)  Old  indulgences  are  revoked  and  new  ones  sold,  merely 
to  raise  money,  although  the  laymen  are  thereby  made  to 
murmur  against  their  clergy.     (9)   Tithes  are  collected  under 
the  pretext  that  a  war  is  to  be  made  against  the  Turks,  but 
nothing  of  the  kind  is  ever  done.     (10)   Cases  which  could 


338    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

easily  be  settled  in  Germany,  since  there  are  good  and  just 
judges  there,  are  indiscriminately  called  before  the  papal 
court  at  Rome.  St.  Bernard,  in  writing  to  Eugene  III, 
severely  criticised  this  practice. 

179.    ABUSES  IN  THE  SALE  OF  INDULGENCES,  1512. 

Fr.  Myconius,  Geschichte  der  Reformation. 

Several  references  have  been  made  to  the  need  of  a  reform  in  the 
matter  of  indulgences.  Cardinal  Raymond,  papal  legate  in  1503, 
complained  that  the  agents  who  sold  indulgences  were  actuated  only 
by  the  basest  motives  of  gain  and  were  thoroughly  dishonest. 
Myconius  (his  German  name  was  Mecum)  was  a  Franciscan  monk 
who  became  a  Protestant. 

We  have  thought  it  best  to  give  first  a  statement  of  the  doctrine 
of  indulgences  in  order  that  the  abuses  in  their  sale  may  be  more 
clearly  apparent. 

"  It  is  the  catholic  doctrine  that  when  a  sin  is  forgiven  its  pun- 
ishment is  not  necessarily  at  the  same  time  remitted.  Through  the 
power  of  the  keys  the  eternal  punishment  is  remitted,  but  generally 
there  remain  temporal  punishments  which  must  be  satisfied  either 
in  this  world  by  means  of  good  works,  or  in  the  next  by  enduring 
punishment  in  purgatory.  The  Bible,  by  examples  as  well  as  by 
statements,  teaches  that  with  the  removal  of  the  eternal  guilt  and 
punishment,  the  temporal  punishment  is  not  always  remitted.  Adam 
and  Eve,  after  committing  sin,  repented  and  were  justified  by  God, 
but  they  were  driven  out  of  Paradise  and  compelled  to  endure  infinite 
misfortunes,  and  even  death  itself,  as  a  punishment  of  their  sin.  We 
are  taught  the  same  by  the  example  of  the  Israelites  who  were 
pardoned  for  their  sin  of  murmuring  through  the  prayers  of  Moses, 
but,  as  a  punishment  for  their  sin,  were  excluded  from  the  promised 
land  and  perished  in  the  wilderness.  .  .  .  From  this  it  is  seen 
that  the  Bible  demands  not  only  the  conversion  of  the  heart,  but  also 
that  we  render  satisfaction  by  enduring  temporal  punishment  for 
the  sin.  .  .  . 

"This  satisfaction  which  we  must  render  [i.e.,  this  temporal  punish- 
ment which  we  must  endure]  is  a  part  of  the  sacrament  of  penance, 
and  must  be  imposed  on  us  by  the  minister  of  penance  [i.e.,  the 
priest].  The  doctrine  of  indulgences  is  inseparably  connected  with 
that  of  satisfaction.  By  indulgence  is  meant  a  remission  of  tin; 
temporal  punishment  made  by  a  priest  by  means  of  the  application 


No.  179]     THE  CHURCH  FROM  1250  TO  1500  339 

of  the  treasure  of  the  church.  The  treasure  of  the  church  is  the 
whole  sum  of  the  merits  of  Jesus  Christ  ...  in  addition  to 
all  the  good  works  or  merits  of  all  the  saints.  ...  In  the 
church,  as  St.  Thomas  Aquinas  well  says,  some  have  done  greater 
penance  than  the  measure  of  their  sins  demanded.  Others  have 
suffered  with  patience  many  unjust  tribulations,  with  which  they 
would  have  expiated  the  temporal  punishments  of  many  more  sins 
than  they  have  committed.  [All  such  good  works  in  excess  of  what 
they  needed  to  make  satisfaction  for  their  own  sins  are  called  works 
of  supererogation,  and  being  meritorious,  their  merit  is  added  to  the 
treasure  of  the  church  and  may,  at  the  discretion  of  the  church,  be 
applied  to  the  benefit  of  others  who  are  lacking  in  such  good  works.] 
One  of  the  ways  in  which  the  church  distributes  this  common  pos- 
session (treasure  of  merits)  is  by  means  of  indulgences."— From  the 
Theologla  Dommatica  of  Prof.  Dati,  vol.  iii,  Chap.  XXIX,  Florence, 
1893. 

Anno  1512.  Tetzel  gained  by  his  preaching  in  Germany  an 
immense  sum  of  money  which  he  sent  to  Rome.  A  very  large 
sum  was  collected  at  the  new  mining  works  at  St.  Annaberg, 
where  I  heard  him  for  two  years.  It  is  incredible  what  this 
ignorant  and  impudent  monk  used  to  say.  .  .  .  He  de- 
clared that  if  they  contributed  readily  and  bought  grace  and 
indulgence,  all  the  hills  of  St.  Annaberg  would  become  pure 
massive  silver.  Also,  that,  as  soon  as  the  coin  clinked  in  the 
chest,  the  soul  for  whom  the  money  was  paid  would  go 
straight  to  heaven.  .  .  .  The  indulgence  was  so  highly 
prized  that  when  the  agent  came  to  a  city  the  bull  was  car- 
ried on  a  satin  or  gold  cloth,  and  all  the  priests  and  monks, 
the  town  council,  schoolmaster,  scholars,  men,  women,  girls, 
and  children  went  out  in  procession  to  meet  it  with  banners, 
candles,  and  songs.  All  the  bells  were  rung  and  organs 
played.  He  was  conducted  into  the  church,  a  red  cross  was 
erected  in  the  centre  of  the  church,  and  the  pope's  banner 
displayed.  .  .  . 

Anno  1517.  It  is  incredible  what  this  ignorant  monk  said 
and  preached.  He  gave  sealed  letters  stating  that  even  the 
sins  which  a  man  was  intending  to  commit  would  be  forgiven. 


340    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

He  said  the  pope  had  more  power  than  all  the  apostles,  all 
the  angels  and  saints,  even  than  the  Virgin  Mary  herself. 
For  these  were  all  subject  to  Christ,  but  the  pope  was  equal 
to  Christ.  After  his  ascension  into  heaven  Christ  had  noth- 
ing more  to  do  with  the  management  of  the  church  until  the 
judgment  day,  but  had  committed  all  that  to  the  pope  as  his 
ticar  and  vicegerent. 


VI.     FEUDALISM 

Feudalism,  as  the  prevailing  order  of  society,  socially,  economi- 
cally, and  politically,  makes  its  appearance  toward  the  end  of  the 
tenth  century.  During  the  disorders  consequent  upon  the  disintegra- 
tion of  the  empire  of  the  Carolingians  (see  nos.  15-25)  the  govern- 
ment failed  to  supply  protection  and  security,  and  ceased  to  act  as 
a  bond  to  hold  men  together.  As  a  result,  certain  local,  private 
elements  of  society,  which  were  very  generally  diffused  throughout 
that  empire,  were  raised  to  the  rank  of  public  political  institutions. 
It  is  our  purpose  to  illustrate  the  origins  and  growth  of  feudalism, 
and  the  characteristic  features  of  the  feudal  state.  The  elements 
which  lay  at  the  basis  of  the  feudal  system  may  be  classified  under 
three  heads :  ( 1 )  The  personal  dependence  of  one  man  upon  another ; 
(2)  dependent  tenure  of  land,  in  which  the  holder  and  user  of  the 
land  was  not  the  owner,  but  held  it  of  or  from  another;  (3)  the  pos- 
session by  private  persons  or  corporations  of  extensive  sovereign 
rights  over  their  lands  and  tenants.  These  elements  were  present 
in  various  degrees  and  forms  in  the  German  tribes  before  the  migra- 
tions and  in  the  later  Roman  empire,  but  it  will  be  sufficient  for  our 
purpose  to  show  the  existence  and  the  character  of  these  elements  in 
the  tribal  kingdoms  and  the  Frankish  kingdom  under  the  Merovin- 
gians, for  in  these  states  the  German  and  Roman  people  and  institu- 
tions were  united  to  form  the  society  of  the  Middle  Age.  Then  we 
shall  attempt  to  illustrate  the  growth  and  development  of  these 
elements  in  the  late  Merovingian  and  in  the  Carolingian  periods,  and 
finally  the  characteristic  features  of  society  in  the  feudal  age.  The 
difficulty  in  illustrating  the  situation  from  public  documents  will 
be  readily  understood ;  it  is  due  to  the  fact  that  these  institutions 
were  only  partly  legal  or  public,  and  to  the  fact  that  the  makers  of 
the  laws  took  for  granted  a  knowledge  of  the  institutions  and  did 
not  think  it  necessary  to  describe  or  explain  them.  It  is  hoped, 
Vowever,  that  the  notes  to  the  passages  translated  will  make  clear 
their  meaning  and  importance. 

341 


342    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

180-197.    ORIGINS. 

180-183.    PERSONAL  DEPENDENCE. 

In  the  documents  of  the  tribal  kingdoms  and  Merovingian  kingdom 
(co.  500-700)  there  are  many  evidences  of  the  importance  for 
society  of  the  dependence  of  one  man  upon  another,  and  of  the  fact 
that  this  relation  was  superseding  in  importance  the  relation  of  the 
private  man  to  the  state.  On  the  one  hand,  men  became  dependents 
and  retainers  of  the  king  and  the  great  officials  and  lords  for  mutual 
advantages,  the  superior  gaining  the  prestige  that  came  with  the 
possession  of  a  large  following,  and  the  dependents  gaining  employ- 
ment under  and  connection  with  the  great  persons  of  the  state.  On 
the  other  hand,  poor  land-owners,  or  persons  without  lands  of  their 
own,  commended  themselves  to  landlords  for  the  purpose  of  receiving 
protection  and  support.  In  both  cases  the  personal  dependence  was 
connected  with  the  holding  of  land,  for  the  king  or  great  lord  fre- 
quently gave  land  to  his  followers,  while  the  poor  man  who  com- 
mended himself  to  another  usually  did  it  for  the  purpose  of  acquiring 
land  to  cultivate;  this  side  of  the  relation,  however,  will  be  seen 
more  clearly  under  the  next  section. 

1 80.  FORM  FOR  THE  CREATION  OF  AN  ANTRUSTIO  BY  THE 
KING. 

Marculf's  Formulae,  I,  no.  18;  M.  G.  LL.  4to,  V,  p.  55. 

Most  of  the  following  documents  are  taken  from  books  of  formulae : 
that  is,  collections  of  forms  of  documents  made  by  various  persons 
to  serve  as  examples  for  the  drawing  up  of  charters,  etc.  They  were 
probably  made  from  actual  documents  by  leaving  out  the  names  and 
inserting  ille  (such  an  one)  or  similar  expressions.  The  formulae 
of  Marculf  were  written  at  the  end  of  the  seventh  century.  We  quote 
them  from  the  edition  in  the  Monumenta  Oermanice,  Leges,  vol.  v, 
giving  only  the  pages  in  that  volume  after  the  first  reference. 

It  is  right  that  those  who  have  promised  us  unbroken  faith 
should  be  rewarded  by  our  aid  and  protection.  Now  since 
our  faithful  subject  (name)  with  the  will  of  God  has  come  to 
our  palace  with  his  arms  and  has  there  sworn  in  our  hands 
to  keep  his  trust  and  fidelity  to  us,  therefore  we  decree  and 
command  by  the  present  writing  that  henceforth  the  said 
(name)  is  to  be  numbered  among  our  antrustiones.*  If  any- 


No.  182]  FEUDALISM  343 

one  shall  presume  to  slay  him,  let  him  know  that  he  shall 
have  to  pay  600  solidi  as  a  wergeld  for  him. 

i  The  position  of  the  antrustio  is  explained  in  the  note  to  the 
Salic  law,  XLI,  no.  4.  See  also  the  reference  to  the  leudes  in 
no.  189. 

181.  FORM  FOR  THE  SUSPENDING  OF  LAWSUITS. 

Marculf,  I,  no.  23;  p.  57. 

One  great  advantage  that  the  dependent  possessed  was  the  support 
and  influence  of  his  lord  in  judicial  trials  and  other  matters  of  the 
sort. 

Know  that  we  have  ordered  the  apostolic  man  (name)  [a 
bishop]  or  the  illustrious  man  (name)  [a  secular  official  or 
lord]  to  go  to  a  certain  place,  and  we  now  command  that  as 
long  as  he  is  away  all  his  lawsuits,  and  those  of  his  clients 
and  dependents  and  people  that  live  within  his  jurisdiction, 
are  to  be  suspended.  Therefore  we  decree  and  order  by  the 
present  writing"  that  until  he  returns  all  his  cases  and  those 
of  his  clients,  both  those  who  go  with  him  and  those  who 
stay  on  his  lands,  and  of  his  people  who  live  within  his 
jurisdiction,  shall  be  suspended,  and  afterwards  he  shall  do 
justice  to  everyone  and  receive  justice  from  everyone. 

182.  FORM  FOR  COMMENDATION.     MIDDLE  OF  EIGHTH 
CENTURY. 

Formulse  Turonenses,  no.  43;  p.  158. 

Notice  the  reason  given  by  the  person  who  commends  himself,  the 
effects  of  commendation  on  both  parties,  and  the  binding  nature  of 
the  agreement.  The  reason  alleged  (extreme  poverty)  is  probably 
a  mere  form  of  speech,  and  was  not  present  in  each  actual  instance 
of  commendation. 

To  my  great  lord,  (name),  I,  (name).  Since,  as  was  well 
known,  I  had  not  wherewith  to  feed  and  clothe  myself,  I 
came  to  you  and  told  you  my  wish,  to  commend  myself  to 
you  and  to  put  myself  under  your  protection.  I  have  now 


344    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

done  so,  on  the  condition  that  you  shall  supply  me  with  food 
and  clothing  as  far  as  I  shall  merit  by  my  services,  and  that 
as  long  as  I  live  I  shall  perform  such  services  for  you  as  are 
becoming  to  a  freeman,  and  shall  never  have  the  right  to 
withdraw  from  your  power  and  protection,  but  shall  remain 
under  them  all  the  days  of  my  life.  It  is  agreed  that  if  either 
of  us  shall  try  to  break  this  compact  he  shall  pay  —  solidi, 
and  the  compact  shall  still  hold.  It  is  also  agreed  that  two 
copies  of  this  letter  shall  be  made  and  signed  by  us,  which 
also  has  been  done. 

183.  FORM  BY  WHICH  THE  KlNG  ALLOWS  A  POWERFUL 
PERSON  TO  UNDERTAKE  THE  CASES  OF  A  POOR  PERSON. 

Marculf,  I,  no.  21;  pp.  56  f. 

Our  faithful  subject,  (name),  with  the  will  of  God  has 
come  to  us  and  told  us  that  he  is  not  able  on  account  of  his 
weakness  to  defend  or  to  prosecute  his  cases  before  the  court. 
Therefore  he  has  besought  us  to  allow  the  illustrious  man 
(name)  to  take  up  his  cases  for  him,  both  in  the  local  court 
and  in  the  royal  court,  whether  he  prosecutes  or  is  prosecuted, 
and  he  has  commended  his  affairs  to  him  in  our  presence  by 
the  staff.  Therefore  we  command,  in  accordance  with  the 
desire  of  both  parties,  that  the  aforesaid  man  (name)  may 
undertake  the  cases  of  the  other  (name),  and  that  he  shall 
do  justice  for  him  and  for  all  his  possessions,  and  get  justice 
for  him  from  others ;  this  shall  be  so,  as  long  as  both  desire  it. 

184-188.     DEPENDENT  TENURE  OF  LAND. 

Absolute  ownership  of  land  was  giving  place  to  possession  of  land 
owned  by  others  than  the  holder.  The  greater  landlords  (the  king, 
the  church,  and  the  great  officials  and  lords)  sought  to  acquire 
cultivators  for  their  lands,  while  the  poorer  land-owners  and  the 
persons  without  lands  of  their  own  sought  a  means  of  livelihood  or 
protection.  The  usual  form  was  the  benefice  or  the  precarium. 
The  benefice  was  the  name  applied  generally  in  this  time  to  land 
the  use  of  which  was  granted  by  the  owner  to  others  for  a  term  of 


No.  184]  FEUDALISM  345 

years,  for  life,  or  in  perpetuity.  The  precarium  was  a  form  of  the 
benefice,  the  name  being  technically  applied  to  lands  thus  granted  in 
response  to  a  letter  of  request  or  prayer  (litterce  precarice).  It  will 
be  seen  from  the  documents  that  the  lands  were  usually  those  that 
had  been  given  originally  by  the  poor  land-holder  to  the  greater 
landlord  and  then  received  back  as  benefice  or  precarium.  The  reason 
was  undoubtedly  in  many  cases  the  desire  of  the  owner  to  come 
under  the  protection  of  the  greater  landlord.  The  king  also  gave 
land  to  his  followers  and  officials,  either  to  bind  them  to  him  or  to 
reward  them  for  services;  it  is  probable,  although  not  certain,  that 
these  lands,  in  part  at  least,  were  held  only  for  life  or  a  term  of 
years,  on  condition  of  services  or  faithfulness,  and  so  were  in  a 
sense  benefices. 

184.  FORM  FOR  THE  GIFT  OF  LAND  TO  A  CHURCH  TO  BE 
RECEIVED  BACK  BY  THE  GIVER  AS  A  BENEFICE. 

Marculf,  II,  no.  3;  pp.  74  ff. 

.  .  .  I,  (name),  and  my  wife,  (name),  in  the  name  of 
the  Lord,  give  by  this  letter  of  gift,  and  transfer  from  our 
ownership  to  the  ownership  and  authority  of  the  monastery 
of  (name),  over  which  the  venerable  abbot  (name)  presides, 
and  which  was  founded  in  the  honor  of  (name)  by  (name) 
in  the  county  of  (name),  the  following  villas  *  (name),  situ- 
ated in  the  county  of  (name),  with  all  the  lands,  houses, 
buildings,  tenants,  slaves,  vineyards,  woods,  fields,  pastures, 
meadows,  streams,  and  all  other  belongings  and  dependencies, 
and  all  things  movable  and  immovable  which  are  found  in 
the  said  villas  now  or  may  be  added  later ;  in  order  that  under 
the  protection  of  Christ  they  may  be  used  for  the  support  and 
maintenance  of  the  monks  who  dwell  in  the  aforesaid  monas- 
tery. We  do  this  on  the  condition  that  as  long  as  either  of  ua 
shall  live  we  may  possess  the  aforesaid  villas,  without 
prejudice  to  the  ownership  of  the  monastery  and  without 
diminution  of  the  value  of  them,  except  that  we  shall  be 
allowed  to  emancipate  any  of  the  slaves  that  dwell  on  the 
lands  for  the  salvation  of  our  souls.  After  the  death  of  both 
of  us,  the  aforesaid  villas  with  any  additions  or  improve- 


346    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

merits  which  may  have  been  made,  shall  return  immediately 
to  the  possession  of  the  said  monastery  and  the  said  abbot  and 
his  successors,  without  undertaking  any  judicial  process  or 
obtaining  the  consent  of  the  heirs. 

i  The  term  villa,  as  used  in  these  documents,  means  a  domain  or 
estate  with  a  group  or  village  of  dependent  cultivators. 

185.  FORM  FOR  A  PRECARIAL  LETTER. 

Marculf,  II,  no.  5;  pp.  77  f. 

To  our  lord  and  father  in  Christ,  the  holy  and  apostolic 
bishop  (name),  I  (name),  and  my  wife  (name).  It  is  well 
known  that  we  have  given  in  the  name  of  the  Lord  our  villa 
of  (name),  situated  in  the  county  of  (name),  in  its  entirety 
and  with  all  that  we  possessed  there,  by  a  letter  of  gift  to  the 
church  of  (name),  founded  in  the  honor  of  (name),  and  that 
you  have  received  it  on  behalf  of  the  said  church.  And  in 
response  to  our  petition  you  have  granted  that  as  long  as  we 
or  either  of  us  shall  live  we  shall  hold  the  said  villa  as  a 
benefice  with  the  right  of  usufruct,1  with  the  understanding 
that  we  shall  not  diminish  its  value  in  any  way  or  alienate 
anything  that  belongs  to  it,  but  shall  hold  it  without  preju- 
dice to  the  ownership  of  the  said  church  or  bishop.  There- 
fore we  have  written  this  precarial  letter  in  witness  that  our 
possession  shall  not  work  any  prejudice  to  your  ownership  or 
any  injury  to  the  said  villa ;  but  that  we  only  have  the  use  of 
it  during  our  lives,  and  that  after  we  are  dead  you  shall 
immediately  recover  it  with  all  the  additions  and  improve- 
ments which  we  may  have  made,  by  virtue  of  this  precarial 
letter,  which  shall  be  renewed  every  five  years,  and  without 
requiring  any  judicial  process  or  obtaining  the  consent  of 
the  heirs;  and  that  thereafter  you  shall  hold  it  forever,  or 
do  with  it  whatever  may  seem  to  you  to  be  to  the  best  interests 
of  the  said  church. 

1  To  hold  land  with  the  right  of  usufruct  or  to  have  the  usufruct 
of  land,  means  to  hold,  use,  and  enjoy  the  products  of  land  the  own- 


No  187]  FEUDALISM  347 

ership  of  which  belongs  to  another.  Thus  a  benefice  is  a  form  of 
usufruct.  It  corresponds  practically  to  modern  long  lease,  which  is 
sometimes  expressed  in  our  legal  usage  as  lease  for  99  years,  etc. 

1 86.  FORM  OF  PRECARIAL  LETTER. 

Marculf,  II,  no.  39;  pp.  98  f. 

To  our  lord  and  father  in  Christ,  the  holy  and  apostolic 
bishop  (name),  I  (name),  and  my  wife  (name).  Since  you 
have  permitted  us,  as  long  as  we  or  either  of  us  shall  live,  to 
hold  the  land  (name)  belonging  to  your  church  (name), 
which  (name)  gave  to  the  said  church  for  the  salvation  of  his 
soul,  therefore  for  this  permission  and  for  the  salvation  of 
our  souls  we  have  given  this  other  place  (name),  to  belong 
to  the  said  church  and  to  you  and  your  successors  after  we 
are  both  dead.  This  Ave  have  done  on  the  condition  that  as 
long  as  we  live  we  may  possess  the  said  places,  both  that 
which  you  have  permitted  us  to  use  and  the  one  which  we 
have  given  you  for  the  salvation  of  our  souls,  with  the  right 
of  usufruct,  without  diminishing  its  value  or  prejudicing  the 
rights  of  your  church;  and  that  after  we  are  dead  the  said 
places  shall  immediately  revert  to  your  ownership  by  virtue 
of  this  precarial  letter,  without  requiring  any  renewal  of  the 
letter,  and  in  spite  of  any  opposition  from  our  heirs  or  from 
anyone  else. 

187.  FORM  OF  PRECARIAL  LETTER. 

Formulae  Bituricenses,  no.  2;  p.  169. 

To  the  lords  (names),  we  (name),  and  (name).  It  is 
well  known  that  our  father  lived  on  your  lands  and  made  a 
precarial  letter  to  you  for  them,  which  we  now  renew  and 
sign,  humbly  beseeching  you  to  allow  us  to  remain  on  the 
same  lands.1  In  order  that  our  possession  of  the  lands  may 
not  prejudice  the  rights  of  you  and  your  successors  in  them, 
we  have  deposited  with  you  this  precarial  letter,  agreeing 
that  if  we  ever  forget  its  terms,  or  ever  refuse  to  obey  you  or 


348    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

your  agents  in  anything  which  you  command,  or  ever  assert 
that  this  is  not  your  land,  we  may  be  punished  according  to 
the  severity  of  the  law  as  wicked  violators  of  your  rights,  and 
may  be  driven  from  the  lands  without  judicial  sentence. 

i  This  and  the  following  document  are  instances  of  a  very  common 
practice ;  the  heirs  of  the  holder  of  a  precarium  took  it  over  on  the 
same  terms.  The  result  was  that  the  relation  tended  to  become 
permanent,  and  a  regular  class  of  dependent  land-holders  grew  up. 
Notice  also  the  subjection  of  the  holders  of  the  precarium  to  the 
grantors,  in  this  case  secular  lords. 

1 88.  GIFT  or  LAND  TO  BE  RECEIVED  BACK  AND  HELD  IN 
PERPETUITY  FOR  A  FIXED  RENT. 

Formulae  Augienses,  B,  no.  8 ;  pp.  352  f . 

The  first  part  of  the  form,  including  the  original  gift  of  the  land, 
is  omitted  in  the  original,  but  may  be  supplied  from  a  preceding 
number. 

I  do  this  on  the  condition  that  as  long  as  I  live  I  may  hold 
the  said  lands  for  the  said  rent,  and  that  my  children  and 
their  posterity  may  do  the  same  forever. 

189.  TREATY  OF  ANDELOT,  587. 

M.  G.  LL.  4to,  II,  1,  no.  6;  Gregory  of  Tours,  IX,  ch.  20. 

This  is  a  treaty  between  two  of  the  Merovingian  kings,  Gunthram 
of  Burgundy  and  Childebert  II  of  Austrasia.  It  forms  an  incident  in 
the  civil  war  begun  between  Sigebert  and  Chilperic ;  see  no.  5,  Gregory 
of  Tours,  IV,  ch.  28,  and  note. 

It  illustrates  the  practice  of  the  kings  of  giving  land  to  their  fol- 
lowers and  officials.  This  was  very  important  in  the  creation  of  a 
landed  aristocracy.  See  the  remarks  above  in  regard  to  the  nature 
of  these  gifts  (introductory  note  to  nos.  184-188). 

In  accordance  with  the  treaties  made  between  Gunthram 
and  Sigebert  of  blessed  memory,  it  is  likewise  agreed  that 
those  leudes*  who  after  the  death  of  Chlothar  I  first  gave 
their  oaths  to  Gunthram  and  then  later  removed  to  other 
parts,  are  to  be  made  to  return  from  the  places  where  they 


No.  190]  FEUDALISM  349 

are  now  dwelling.  It  is  also  agreed  that  those  who,  after  the 
death  of  Chlothar  I,  gave  their  oaths  to  Sigebert  and  then 
removed  to  other  parts  are  in  a  similar  manner  to  be  made 
to  return.  Likewise  whatever  the  aforesaid  kings  bestowed 
or  with  the  consent  of  God  wished  to  bestow  upon  churches 
or  upon  their  faithful  subjects,  shall  remain  in  the  possession 
of  the  churches  or  subjects.  And  whatever  shall  be  restored 
in  this  way  to  the  subject  of  either  king,  legally  and  justly, 
shall  be  held  by  that  person  as  his  own.  .  .  .  And  let 
each  one  possess  in  security  whatever  he  has  received  through 
the  munificence  -of  preceding  kings,  to  the  time  of  the  death 
of  Chlothar  I  of  blessed  memory,  and  if  anything  has  been 
taken  from  the  faithful  subjects  since  that  time,  it  shall  be 
restored  to  them  from  this  moment.  .  .  .  Likewise  it  is 
agreed  that  neither  of  the  kings  shall  entice  away  the  leudes 
of  the  other  or  receive  them ;  but  if  some  of  the  leudes  believe 
they  are  justified  in  leaving  their  king  by  reason  of  injuries 
done  to  them,  they  are  to  be  compensated  for  their  injuries, 
and  made  to  return.  .  .  . 

i  The  leudes  are  evidently  the  personal  dependents  of  the  king,  that 
is,  antrustiones.  They  were  probably  given  land  by  the  king.  Notice 
the  other  references  in  the  treaty  to  persons  holding  land  from  the 
"munificence"  of  the  king.  The  same  thing  is  referred  to  in  nos. 
190,  193,  194. 

190-194.     GRANTS  OF  IMMUNITY. 

In  the  feudal  age  practically  every  landlord  exercised  over  his 
lands  and  tenants  rights  and  authority  which  are  now  regarded  as 
sovereign  rights  belonging  to  the  state.  This  was  due  in  the  main 
to  the  practice  of  the  Merovingian  and  Carolingian  kings  of  granting 
immunity  to  the  churches  and  the  great  landlords,  a  practice  which 
naturally  grew  with  the  increasing  weakness  of  the  monarchy  and 
the  growth  of  the  power  of  the  nobles.  A  grant  of  immunity  operated 
to  exclude  the  public  officials  from  lands,  which  were  then  in  theory 
under  the  immediate  control  of  the  king.  In  the  late  Merovingian 
period  the  weakness  of  the  kings  and  the  disorganization  of  the  pub- 
lic administration  left  the  control  of  immunity  domains  really  in 


350    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  hands  of  the  landlords.  The  holder  of  land  covered  by  a  grant 
of  immunity  thus  came  to  represent  the  state  to  the  people  on  his 
lands.  He  established  courts  for  the  trial  of  cases  arising  among 
his  tenants  or  represented  them  before  the  public  courts;  he  was  also 
frequently  given  the  right  to  collect  the  taxes,  revenues,  tolls,  etc., 
from  the  lands  of  people,  which  would  otherwise  go  to  the  royal 
treasury.  Most  of  the  grants  of  immunity  which  have  come  down 
to  us  are  in  favor  of  church  lands,  but  they  were  also  granted  to 
secular  lords.  The  churches  preserved  their  documents  better  than 
secular  persons  did. 


190.    PRECEPT  OF  CHLOTHAR  II,  584-628. 

M.  G.  LL.  4to,  II,  1,  no.  8. 

Notice  the  references  to  immunity,  to  grants  of  land  to  "churches 
and  powerful  persons"  ( lords  and  officials ) ,  and  the  implied  right 
of  such  landlords  to  appoint  judges  for  trial  of  cases  among  their 
tenants  (private  jurisdiction). 

11.  We  grant  to  the  churches  the  taxes  from  the  fields 
and  pastures  and  the  tithes  of  swine,  so  that  no  collector  or 
titheman  shall  enter  the  lands  of  a  church .  to  gather  such 
dues  for  the  royal  treasury.    Public  officials  shall  not  demand 
any    services    from   the   churches    of    clergymen   who   have 
acquired  immunity  from  our  father  or  grandfather. 

12.  Whatever  has  been  given  to  churches  or  to  clergymen 
or  to  any  person  through  the  munificence  of  our  aforesaid 
predecessors  of  blessed  memory  is  to  belong  to  them  in  all 
security. 

14.  The  property  of  churches,  priests,  and  of  the  poor 
who  cannot  protect  themselves,  shall  be  under  the  protection 
of  public  officials  until  their  cases  can  be  brought  to  the  king 
and  justice  be  done;  only  in  so  far,  however,  as  it  shall  not 
infringe  on  the  rights  of  immunity  which  have  been  granted 
by  former  kings  to  any  church  or  powerful  person  or  to  any- 
one else,  for  the  keeping  of  peace  and  the  preservation  of 
discipline. 

19,     Bishops  and  powerful  persons  who  have  possessions 


No.  191]  FEUDALISM  351 

in  various  regions  shall  not  appoint  travelling  judges  or  any 
judges  except  such  as  belong  to  the  county  in  which  they 
serve. 

191.     GRANT  OF  IMMUNITY  TO  A  MONASTERY,  673. 

M.  G.  DD.  folio,  I,  pp.  30  f;  Altmann  und  Bernheim,  no.  112. 

Childeric,  king  of  the  Franks,  illustrious  man.  .  .  . 
We  have  commanded  it  to  be  made  known  to  all  that  the 
venerable  and  pious  abbot  Berchar  came  to  us  and  asked  us 
to  grant  him  a  certain  place  in  the  forest  of  Vervo  in  Gas- 
cony,  in  which  he  might  build  a  monastery,  and  to  give  him 
material  and  resources  by  which  he  might  construct  a  mon- 
astery there  and  establish  a  congregation  of  monks.  Now  the 
request  of  this  great  man  pleased  us  and  we  granted  him 
what  he  asked.  Then  having  built  his  monastery  . 
in  the  honor  of  Sts.  Peter  and  Paul  and  the  other  saints,  he 
besought  us,  in  order  to  make  secure  the  whole  undertaking, 
to  bestow  complete  immunity  upon  the  monastery.  There- 
fore, we,  moved  to  this  by  the  kindness  which  Heaven  has 
shown  to  us,  have  hearkened  to  the  prayer  of  this  man 
.  .  .  and  with  the  consent  of  our  bishops  and  nobles  do 
now  concede  entire  immunity  over  the  whole  possessions  of 
this  monastery  .  .  .  for  the  peace  of  our  kingdom  and 
for  the  reverence  which  we  have  for  this  religious  place.  We 
command  that  no  public  official  of  any  authority  shall  pre- 
sume to  enter  the  lands  of  this  monastery  .  .  .  for  the 
purpose  of  hearing  cases,  of  seizing  securities,  of  collecting 
taxes,  of  demanding  entertainment,  or  of  extorting  tolls  from 
cities  or  markets ;  nor  shall  he  presume  to  exact  any  taxes  or 
payments  whatever,  but  the  monks  shall  rule  and  possess, 
both  in  our  time  and  in  the  future,  all  the  property  of  this 
monastery  in  all  places  and  lands,  where  they  have  pos- 
sessions, as  aforesaid,  without  being  subject  to  the  entrance 
of  officials  or  to  exactions  on  the  part  of  the  royal 
treasury.  .  .  . 


iQ2.     FORM  OF  A  GRANT  OF  IMMUNITY  TO  A  MONASTERY. 

Marculf,  I,  no.  3;  pp.  43  f. 

.We  believe  that  our  reign  will  best  be  rendered  memorable, 
if  we  bestow  suitable  benefits  on  churches  (or  whatever  you 
wish  to  insert  here),  with  pious  purpose,  and  if  we  secure 
these  benefits  under  the  protection  of  God  by  putting  them  in 
writing.  Therefore,  be  it  known  to  you  that  we  have  granted 
the  request  of  that  apostolic  man,  the  bishop  of  (name),  for 
the  salvation  of  our  souls ;  namely,  that  no  public  official  may 
•enter  the  lands  which  his  church  holds  now,  by  our  gift  or 
by  the  gift  of  anyone  else,  or  which  his  church  may  receive  in 
the  future,  for  the  purpose  of  trying  cases,  or  collecting 
taxes;  but  that  the  said  bishop  and  his  successors  shall  hold 
the  said  lands  in  the  name  of  the  Lord  with  full  immunity. 
We  decree  therefore  that  neither  you  nor  any  of  your  subor- 
dinates or  successors,  nor  any  other  public  official  shall  pre- 
sume to  enter  the  lands  of  the  said  church  for  the  purpose  of 
trying  cases,  of  collecting  taxes  or  revenues,  or  receiving 
entertainment  or  seizing  supplies  or  securities.  All  the  taxes 
and  other  revenues  which  the  royal  treasury  has  a  right  to 
demand  from  the  people  on  the  lands  of  the  said  church, 
whether  they  be  freemen  or  slaves,  Romans  or  barbarians,  we 
now  bestow  on  the  said  church  for  our  future  salvation,  to 
be  used  by  the  officials  of  the  church  forever  for  the  best 
interests  of  the  church. 

193.  FORM  BY  WHICH  THE  KlNG  GRANTED  LANDS  WITH 
IMMUNITY  TO  SECULAR  PERSONS. 

Marculf,  I,  no.  14;  pp.  52  f ;  Altmann  und  Bernheim,  no.  113. 

Those  who  from  their  early  youth  have  served  us  or  our 
parents  faithfully  are  justly  rewarded  by  the  gifts  of  our 
munificence.  Know  therefore  that  we  have  granted  to  that 
illustrious  man  (name),  with  greatest  good  will,  the  villa 
called  (name),  situated  in  the  county  of  (name),  with  all 


No.  194]  FEUDALISM  353 

its  possessions  and  extent,  in  full  as  it  was  formerly  held  by 
him  or  by  our  treasury.  Therefore  by  the  present  charter 
which  we  command  to  be  observed  forever,  we  decree  that  the 
said  (name)  shall  possess  the  villa  of  (name),  as  has  been 
said,  in  its  entirety,  with  lands,  houses,  buildings,  inhabi- 
tants, slaves,  woods,  pastures,  meadows,  streams,  mills,  and 
all  its  appurtenances  and  belongings,  and  with  all  the  sub- 
jects of  the  royal  treasury  who  dwell  on  the  lands,  and  he 
shall  hold  it  forever  with  full  immunity  from  the  entrance 
of  any  public  official  for  the  purpose  of  exacting  the  royal 
portion  of  the  fines  from  cases  arising  there;  to  the  extent 
finally  that  he  shall  have,  hold,  and  possess  it  in  full  owner- 
ship, no  one  having  the  right  to  expect  its  transfer,  and 
with  the  right  of  leaving  it  to  his  successors  or  to  anyone 
whom  he  desires,  and  to  do  with  it  whatever  else  he  wishes. 

194.     GRANT  OF  IMMUNITY  TO  A  SECULAR  PERSON,  815. 

Altmann  und  Bernheim,  no.  114. 

In  the  name  of  our  Lord  and  Savior  Jesus  Christ.  Lud- 
wig,  by  divine  providence  emperor,  Augustus.  Be  it  known  to 
all  our  subjects,  present  and  future,  that  our  faithful  subject, 
John,  has  come  to  us  and  commended  himself  to  us,  and  has 
besought  us  to  confirm  to  him  the  possession  of  lands 
[described]  which  he  and  his  sons  and  their  men  have  cleared 
and  occupied.  He  has  shown  us  the  charter  which  he  received 
from  our  father  Karl  the  Great.  We  have  consented  to  do 
this  and  have  done  even  more;  we  have  given  him  certain 
villas  [named]  with  their  extent  and  dependencies  .  .  . 
granting  that  he  and  his  sons  and  his  posterity  may  hold 
them  in  peace  and  security.  No  count,  vicarius,  or  their 
subordinates,  or  any  other  public  official  shall  presume  to 
judge  or  constrain  any  persons  living  on  those  lands,  but 
John  and  his  sons  and  their  posterity  shall  judge  and  con- 
strain them. 


354    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

195-208.  GROWTH  OF  THE  FEUDAL  ELEMENTS  DURING 
THE  LATE  MEROVINGIAN  AND  THE  CAROLINGIAN  PERIOD. 

The  elements  which  we  have  just  described  and  illustrated  were 
essentially  private  in  their  nature.  They  assumed,  however,  political 
importance  in  the  threatened  dissolution  of  society,  due  to  the  failure 
of  the  public  government.  In  a  period  when  the  state  was  unable 
to  give  adequate  protection  to  the  common  individual,  that  person 
naturally  regarded  his  allegiance  to  his  real  protector,  his  lord  or 
landlord,  as  of  more  importance  to  him  than  his  relation  to  tht 
state.  The  natural  tendency  of  powerful  persons  to  increase  their 
power  over  their  dependents  and  their  independence  of  higher 
authority  was  given  its  opportunity  by  the  weakness  of  the  mon- 
archy and  the  central  government.  The  four  centuries  from  550- 
950  were  in  the  main  a  period  of  disorder,  interrupted,  of  course,  by 
the  period  of  Carolingian  strength,  including  the  reigns  of  Karl 
Martel,  Pippin,  and  Karl  the  Great.  During  these  four  centuries 
the  existing  feudal  elements  developed  and  hardened  into  a  system  of 
society,  and  two  new  features  were  added:  the  feudalizing  of  offices, 
and  the  connection  of  land-holding  with  military  service.  These  are 
so  characteristic  of  the  feudal  age  that  their  origin  is  illustrated 
here. 

195-196.     THE  FEUDALIZING  OF  PUBLIC  OFFICES. 

By  this  is  meant  the  practice  of  inheritance  of  office  and  the 
union  in  one  person  of  the  characteristics  of  an  official  and  a  great 
landlord.  Thereby  the  local  officials  of  the  king,  such  as  the  counts, 
tended  to  form  an  hereditary  landed  nobility,  the  office  being  held 
usually  by  the  great  landed  family  of  the  county.  It  Ls  obvious  that 
this  tendency  would  grow  in  a  period  when  the  monarchy  and  the 
central  government  was  weak,  the  king  either  being  unable  to 
restrain  the  powerful  local  officials  or  else  granting  them  these 
privileges  in  order  to  retain  their  support.  It  is  obvious  also 
that  the  local  officials  would  strive  to  increase  their  private  advan- 
tages— possession  of  land,  and  personal  authority  over  the  inhabi- 
tants of  their  lands  or  districts — at  the  expense  of  their  public  posi- 
tion as  representatives  of  the  king.  So  in  the  feudal  period  in 
France,  Italy,  and  Germany  (in  the  last  named  the  development  was 
much  slower ) ,  the  titles  duke,  margrave  ( marquis ) ,  count,  etc., 
ceased  to  have  an  official  significance  and'  became  the  titles  of  a 
aristocracy. 


No,  196]  FEUDALISM  355 

/ 
195.     EDICT  OF  CHLOTHAR  II,  614. 

M.  G.  LL.  4to,  II,  1,  no.  9. 

12.  No  one  from  another  province  or  region  shall  be 
made  judge  [count]  in  any  county;  so  that  if  a  count  has 
done  injury  to  anyone  he  may  be  forced  to  make  good  the 
injury  from  his  own  possessions. 

The  count,  like  the  grafio  of  the  Salic  law,  was  originally  a  servant 
of  the  king  sent  into  the  county  to  look  after  the  king's  interests 
there.  It  appears  from  this  document  that  the  counts  were  now 
appointed  from  among  the  land-owners  of  the  county. 

•^196.     CAPITULARY  OF  KIERSY,  877. 

M.  G.  LL.  4to,  II,  2,  no.  282. 

The  capitulary  of  Kiersy  was  published  by  Charles  the  Bald,  just 
before  he  left  France  for  Italy,  and  was  intended  to  regulate  the 
affairs  of  the  kingdom,  which  was  entrusted  to  his  son  during  his 
absence.  It  shows  how  completely  the  practice  of  inheritance  of 
land  and  office  had  developed  during  the  Carolingian  period.  The 
office,  position,  and  lands  of  counts,  vassals  of  the  king,  and  vassals 
of  ecclesiastical  and  secular  lords  were  regarded  as  hereditary  by  this 
time. 

3.  If  a  count  whose  son  accompanies  us  shall  die  during 
our  absence,  oui  son  with  the  advice  of  our  faithful  subjects 
shall  appoint  one  of  the  near  relatives  of  the  deceased  count 
to  govern  the  county  with  the  aid  of  the  officials  of  the 
county  and  the  bishop  in  whose  diocese  it  is,  until  we  are 
notified  of  the  case  and  have  an  opportunity  to  give  the  son 
of  the  count  his  father's  honors.  But  if  the  deceased  count 
shall  leave  a  minor  son,  that  son  shall  govern  the  county  with 
the  aid  of  the  officials  and  the  bishop  in  whose  diocese  it  is, 
until  the  death  of  the  said  count  has  been  brought  to  our 
notice  and  we  endow  the  son  with  his  father's  honors.  But 
if  the  count  shall  not  leave  a  son,  our  son  with  the  advice  of 
our  faithful  subjects  shall  appoint  someone  to  govern  the 
county  with  the  aid  of  the  officials  of  the  county  and  the 
bishop,  until  our  commands  in  respect  to  it  are -made  known. 


356    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

And  no  one  shall  feel  aggrieved,  if  we  give  the  county  to 
another  than  the  one  who  governed  it  up  to  the  time  of  our 
appointment.  The  same  procedure  shall  be  observed  in 
regard  to  our  vassals;  and  the  bishops,  abbots,  and  counts  of 
our  kingdom,  and  our  other  faithful  subjects,  shall  do  the 
same  toward  their  men. 

197-202.  THE  MILITARY  OBLIGATION  OP  THE  HOLDER  OP 
LAND. 

The  connection  of  military  service  with  the  holding  of  land  and 
with  noble  character  is  one  of  the  characteristic  features  of  the 
feudal  system.  The  feudal  noble  was  regularly  the  holder  of  a  fief 
on  terms  of  allegiance  and  military  service  to  his  superior.  In  the 
Germanic  tribes  military  service  was  obligatory  on  every  freeman, 
but  there  was  also  a  fighting  elite,  or  aristocracy,  composed  of  the 
chiefs  and  their  followers  (see  no.  1,  Tacitus,  chapters  13  and  14). 
The  military  obligation  of  the  freeman  remained  in  theory  during 
the  Merovingian  and  Carolingian  periods,  but  in  practice  it  was 
connected  rather  with  the  possession  of  land  and  was  performed 
largely  by  the  lords  and  their  followers.  Towards  the  end  of  the 
Merovingian  period,  much  of  the  land  was  in  the  possession  of  the 
church  and  was  escaping  from  public  burdens  because  of  immunity. 
Karl  Martel  found  it  necessary  to  increase  the  military  strength  of 
the  kingdom;  the  particular  occasion  is  supposed  to  have  been  the 
need  of  horsemen  to  meet  the  Arab  invasion.  He  accordingly  forced 
the  churches  to  give  portions  of  their  lands  to  secular  persons  who 
could  perform  military  service,  and  the  holders  of  these  lands  were 
required  to  bring  a  troop  of  mounted  warriors  to  the  army.  Such 
lands  were  held  on  terms  of  military  service  to  the  state  and  as 
precaria  from  the  church.  The  same  conditions  were  then  attached 
to  lands  held  from  the  king,  and  the  term  benefice — used  in  the 
earlier  period  of  lands  held  from  another  in  general — now  came  to 
be  applied  technically  to  lands  held  from  the  king  or  superior  on 
condition  of  performing  military  service,  usually  on  horseback.  The 
number  of  mounted  soldiers  the  holder  of  a  benefice  had  to  furnish 
of  course  varied  with  the  size  of  his  holding.  The  great  lords 
raised  the  necessary  troops  by  giving  portions  of  their  lands  to  their 
retainers  on  condition  that  the  retainers  should  accompany  them 
to  war.  So  the  obligation  to  perform  military  service  was  attached 
also  to  the  smaH  estates  held  not  directly  from  the  king,  but  from 


No.  198]  FEUDALISM  357 

a  great  lord.  We  give  here  references  to  the  appropriation  of  church 
lands,  to  the  relation  of  the  holder  of  the  lands  to  the  church  and 
to  the  king,  and  to  the  extension  of  the  name  and  practice  to  other 
than  church  lands. 

•197.     CAPITULARY  OF  LESTINNES,  743. 

M.  G.  LL.  4to,  II,  1,  no.  11. 

This  is  a  capitulary  of  Carlmann,  the  brother  of  Pippin.  It  is  the 
earliest  case  which  has  come  down  to  us  of  appropriation  of  church 
lands  for  the  purpose  referred  to. 

2.  Because  of  the  threats  of  war  and  the  attacks  of  certain 
tribes  on  our  borders,  we  have  determined,  with  the  consent 
of  God  and  by  the  advice  of  our  clergy  and  people,  to  appro- 
priate for  a  time  part  of  the  ecclesiastical  property  for  the 
support  of  our  army.  The  lands  are  to  be  held  as  precaria 
for  a  fixed  rent;  one  solidus,  or  twelve  denarii,  shall  be  paid 
annually  to  the  church  or  monastery  for  each  casata  [farm]. 
When  the  holder  dies  the  whole  possession  shall  return  to  the 
church.  If,  however,  the  exigency  of  the  time  makes  it  nec- 
essary, the  prince  may  require  the  precarium  to  be  renewed 
and  given  out  again.  Care  shall  be  taken,  however,  that  the 
churches  and  monasteries  do  not  incur  suffering  or  poverty 
through  the  granting  of  precaria.  If  the  poverty  of  the 
church  makes  it  necessary,  the  whole  possession  shall  be 
restored  to  the  church. 

The  whole  capitulary,  of  which  paragraph  2  is  translated,  is  con- 
cerned with  ecclesiastical  matters ;  accordingly  only  the  interests  of 
the  church  in  the  military  benefice  is  explained  here.  The  relation 
of  the  holder  to  the  state  comes  out  in  other  documents.  Notice  the 
express  reason  given  for  the  appropriation,  and  the  relation  of  the 
holder  to  the  church  from  which  the  land  was  held. 

* 198.     CAPITULARY  OF  AQUITAINE,  PIPPIN,  768. 

M.  G.  LL.  4to,  II,  1,  no.  18. 

5.  Whoever  holds  a  benefice  from  us  shall  be  careful  and 
diligent  in  its  management ;  otherwise  he  shall  lose  the  bene- 
fice, but  retain  his  own  property. 


358    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

11.  All  secular  persons  who  hold  church  lands  shall  hold 
them  as  precaria. 

Paragraph  5  refers  to  lands  held  from  the  king.  Notice  the 
distinction  made  between  such  land  and  land  held  in  full  ownership. 
Paragraph  11  repeats  the  provision  made  in  the  preceding  number, 
that  lands  held  from  the  church  as  benefices  are  to  be  regarded  as 
precaria;  this  is  found  in  a  number  of  capitularies  of  this  period, 
suggesting  that  the  holders  were  apt  to  forget  their  obligation  to 
the  church  and  to  treat  the  land  as  their  own  property. 

199.  CAPITULARY  OF  HERISTAL,  779. 

M.  G.  LL.  4to,  II,  1,  no.  20. 

14.  (Lombard  form.)  Laymen  who  hold  lands  from 
churches  as  benefices  by  the  command  of  the  king,  are  to 
continue  to  hold  them  unless  the  king  orders  them  restored 
to  the  churches. 

200.  GENERAL  CAPITULARY  TO  THE  MISSI,  802. 

M.  G.  LL.  4to,  II,  1,  no.  33. 

Part  of  this  capitulary  is  also  translated  as  no.  9.  This  and  the 
following  document  illustrate  the  holding  of  royal  benefices,  and  the 
difficulty  in  making  the  holders  perform  their  duties.  It  was  part 
of  the  duty  of  the  missi  to  look  after  the  royal  benefices. 

6.  No  man  shall  lay  waste  a  benefice  in  order  to  improve 
his  own  property. 

201.  CAPITULARY  TO  THE  MISSI,  806. 

M.  G.  LL.  4to  II,  1,  no.  46. 

6.  We  have  heard  that  counts  and  other  men  who  hold 
benefices  from  us  have  improved  their  own  property  at  the 
expense  of  the  benefices,  and  have  made  the  serfs  on  the 
benefices  labor  on  their  own  land,  so  that  our  benefices  are 
waste  and  those  dwelling  on  them  in  many  places  suffer 
great  evils. 

7.  We  have  heard  that  some  sell  the  benefices  which  they 
hold  from  us  to  other  men  in  full  ownership,  and  then,  having 


No.  204]  FEUDALISM  359 

received  the  price  in  the  public  court,  they  buy  back  the  lands 
as  allodial  lands.  This  must  not  be  done,  for  those  who  do 
this  break  the  faith  which  they  promised  us. 

202.  CAPITULARY  CONCERNING  VARIOUS  MATTERS,  807. 

M.  G.  LL.  4to,'II,  1,  no.  49. 

3.  Concerning  the  Frisians,  we  command  that  our  counts 
and  vassals  who  hold  benefices,  and  all  horsemen  in  general, 
shall  come  to  our  assembly  prepared  for  war. 

203-208.  EFFECT  OF  THE  CAROLINGIAN  ORGANIZATION 
ON  THE  GROWTH  OF  FEUDALISM. 

Karl  the  Great  succeeded  in  reducing  the  great  dukes  to  subjection 
(see  no.  7,  Einhard,  ch.  5  and  11,  and  notes),  and  enforcing  obedience 
to  law  in  general  throughout  his  empire,  but  he  did  not  interfere 
with  the  immunity  rights  of  churches  and  lords  over  the  inhabitants 
of  their  lands  or  with  dependence  of  vassals  and  tenants  on  the  great 
land-owners.  Indeed,  his  attempt  to  reduce  everything  to  law  and 
system  resulted  in  completing  and  fixing  these  relations.  The  follow- 
ing passages  illustrate  the  increased  dependence  of  the  lower  orders 
and  the  greater  and  more  complete  authority  of  the  powerful  persons 
in  the  state. 

203.  GENERAL  CAPITULARY  TO  THE  MISSI,  805. 

M.  G.  LL.  4to,  II,  1,  no.  44. 

16.  Concerning  the  oppression  of  poor  freemen:  that  they 
are  not  to  be  unjustly  oppressed  by  more  powerful  persons  on 
any  pretext,  and  forced  to  sell  or  give  up  their  property. 

»/2O4.     CAPITULARY  OF  811. 

M.  G.  LL.  4to,  II,  1,  no.  73. 

This  and  the  preceding  document  illustrate  the  attempts  of  the 
great  lords  to  round  out  their  domains  and  increase  the  number  of 
their  dependent  tenants  by  forcing  poor  free  land-owners  to  give  up 
their  lands  and  become  tenants. 

2.  Poor  men  complain  that  they  are  despoiled  of  their 
property,  and  they  make  this  complaint  equally  against 


360    SOURCE  BOOK  FOR  MEDLEY AL  HISTORY 

bishops  and  abbots  and  their  agents,  and  against  counts  and 
their  subordinates. 

^205.    CAPITULARY  OF  WORMS,  829. 

M.  G.  LL.  4to,  II,  2,  no.  193. 

6.  Freemen  who  have  no  lands  of  their  own,  but  live  on 
the  land  of  a  lord,  are  not  to  be  received  as  witnesses,  because 
they  hold  land  of  another;  but  they  are  to  be  accepted 
as  compurgators,  because  they  are  free.  Those  who  have 
land  of  their  own,  and  yet  live  on  the  land  of  a  lord,  are  not 
to  be  rejected  as  witnesses  because  they  live  on  the  land  of  a 
lord,  but  their  testimony  shall  be  accepted,  because  they  have 
land  of  their  own. 

Notice  the  effect  that  dependent  tenure  of  land  is  having  on  the 
legal  status  of  freemen. 

206.  CAPITULARY  OF  AACHEN,  801-813. 

M.  G.  LL.  4to,  II,  1,  no.  77. 

16.  No  one  shall  leave  his  senior,  after  he  has  received 
from  him  the  value  of  a  solidus,  unless  his  senior  attempts 
to  kill  him,  to  beat  him  with  a  club,  to  violate  his  wife  or 
his  daughter,  or  to  take  his  hereditary  possession  from  him. 

207.  AGREEMENT  OF  LOTHAR,  LUDWIG,  AND  CHARLES, 
847. 

M.  G.  LL.  4to,  II,  2,  no.  204. 

2.  We  decree  that  every  freeman  shall  accept  whatever 
senior  he  wishes  in  our  kingdom,  from  among  us  and  our 
faithful  subjects. 

3.  We  command  that  no  man  shall  leave  his  senior  with- 

* 

out  good  cause,  and  that  no  lord  shall  receive  a  man  who  has 
left  his  senior,  unless  it  be  in  accordance  with  the  customs 
of  our  predecessors. 

4.  Every  subject  of  each  one  of  us  shall  go  to  war  or 


No.  209]  FEUDALISM  361 

other  necessary  expedition  with  his  senior,  unless  the  king- 
dom is  invaded  and  all  the  subjects  are  called  out  in  mass  to 
repel  it,  which  is  called  landwehr. 

"208.     CAPITULARY  OF  BOLOGNA,  811. 

M.  G.  LL.  4to,  II,  1,  no.  74. 

5.  If  any  man  who  holds  a  benefice  of  the  king  shall 
release  his  subject  from  going  to  war  with  him  or  shall  refuse 
to  allow  him  to  go  and  fight  with  him,  he  shall  lose  his 
benefice. 

7.  Concerning  the  vassals  of  the  emperor  who  serve  him 
in  the  palace,  and  have  benefices.  It  is  decreed  that  those 
who  remain  at  home  with  the  emperor  shall  not  keep  their 
tenants  with  them,  but  shall  let  them  go  to  war  with  the 
count  of  the  county. 

The  name  senior  is  used  in  Carolingian  documents  for  the  lord  who 
has  authority  over  dependent  tenants  and  vassals.  Notice  in  the  two 
documents  preceding  that  the  subjects  of  a  lord  are  bound  to  him 
by  law,  and  that  they  go  to  war,  not  with  the  general  levy  under 
command  of  public  officials,  but  with  their  fellows  of  the  same  lands 
under  command  of  the  senior. 

209-228.     THE  FEUDAL  SYSTEM  IN  ITS  DEFINITE  FORM. 

The  elements  already  described  became  the  system  of  society  and 
government  in  the  states  which  in  the  ninth  and  tenth  centuries 
developed  from  the  empire  on  its  dissolution.  The  system  gradually 
became  settled  and  organized,  the  feudal  kingship  developed  to  give 
it  a  head,  and  it  took  the  form  recognized  as  the  feudal  system. 

The  features  to  be  noticed  are  the  relation  of  the  vassal  to  his 
lord,  the  position  of  the  king,  and  the  economic  organization  of  the 
land  and  the  obligations  of  the  cultivators  to  the  landlords.  The 
origin  and  growth  of  these  features  in  the  earlier  age  have  been 
shown  in  nos.  180-208;  it  only  remains  to  show  how  they  were 
organized  in  the  feudal  age. 

The  vassal  was  bound  to  the  lord  of  whom  he  held  a  benefice  or 
fief  by  the  oath  of  fidelity  and  homage.  He  also  owed  his  lord  certain 
services  of  noble  character,  the  chief  of  which  was  military  service. 
This  was  not  perpetual  service,  but  was  limited  by  law  or  custom, 


362    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

usually  consisting  of  40  days'  active  service,  and  a  certain  amount 
of  guard  in  the  castle  of  the  lord  or  in  the  castle  which  the  vassal 
held  as  a  fief  of  the  lord.  Aids  or  money  payments  were  also  paid 
by  vassals  on  certain  occasions,  such  as  the  marriage  of  the  lord's 
oldest  daughter,  the  knighting  of  the  lord's  oldest  son,  and  the 
captivity  of  the  lord.  The  lord  had  also  certain  rights  over  his 
vassals,  which  were  frequently  commuted  for  money :  wardship,  the 
right  of  guardianship  of  minor  heirs,  and  the  management  and  use 
of  the  fiefs  during  the  minority;  marriage,  the  right  to  choose  or  be 
consulted  in  the  choice  of  a  husband  for  female  holders  of  fiefs;  relief, 
the  right  to  exact  a  certain  payment  from  the  heir  when  he  succeeded 
to  a  fief;  escheat,  the  right  of  taking  back  the  fief  into  his  own 
possession  upon  the  failure  of  heirs,  etc.  These  rights  and  pay- 
ments have  their  origin  in  the  personal  dependence  of  the  vassal 
upon  the  lord.  They  were  occasional  and  did  not  form  a  part  of 
the  regular  income  of  the  lord,  although  they  might  be  worth  con- 
siderable at  times.  The  regular  income  of  the  lord  came  from  his 
domain  lands,  the  lands  which  were  not  let  out  in  fief,  but  wrhich 
were  cultivated  by  tenants  or  serfs,  and  which  supplied  the  lord 
with  money,  resources,  and  services. 

The  authority  of  the  king  in  the  feudal  state  was  very  limited. 
This  was  due  chiefly  to  the  fact  that  each  lord  exercised  practically 
sovereign  rights  over  his  lands  and  dependents.  The  feudal  king 
was  in  origin  one  of  the  great  feudal  lords  (cf.  in  France,  Hugh 
Capet,  duke  of  Francia;  and  in  Germany,  Henry  I,  duke  of  Saxony), 
who  was  chosen  by  the  great  lords  and  became  their  overlord.  He 
had  the  same  rights  on  his  own  domains  as  any  feudal  lord,  but  had 
only  the  authority  of  an  overlord  over  his  great  vassals.  He  had 
no  direct  control  over  the  vassal  of  his  vassal,  but  could  reach  such 
an  one  only  indirectly  through  that  person's  immediate  superior. 
The  holders  of  great  domains  exercised  not  only  jurisdiction  over  the 
tenants  on  their  lands,  but  possessed  also  other  sovereign  rights, 
such  as  the  right  of  coinage,  of  collecting  tolls  and  taxes,  etc. 

The  basis  of  the  economic  life  of  the  feudal  age  was  the  cultivation 
of  land.  Commerce,  trade,  and  organized  industry  did  of  course 
exist  during  the  Middle  Age,  but  they  were  non-feudai  in  spirit  and 
grew  up  outside  of  and  in  spite  of  feudalism.  Land  was  organized  in 
domains  or  estates,  containing  each  a  group  of  cultivators  forming 
a  community  or  little  village.  These  cultivators  held  their  land 
from  the  landlord  on  very  complex  terms  of  rent  and  services. 
Rents  were  paid  in  money  or  in  a  portion  of  the  produce  of  the  land. 
In  each  village  the  lord  had  a  house,  and  a  farm  (manor- farm  or 


No.  209]  FEUDALISM  363 

head  farm)  which  was  worked  by  personal  serfs  and  by  the  services 
owed  by  tenants.  Aside  from  rents  and  services  the  lord  possessed 
certain  rights  over  his  tenants,  which  were  a  source  of  revenue.  The 
chief  of  these  were:  justice,  the  right  to  hold  courts  on  his  lands  for 
the  trial  of  cases  arising  among  the  tenants,  and  to  levy  and  collect 
the  fines;  banalities  (banvin,  etc.);  the  right  to  sell  his  own  wine, 
grain,  etc.,  a  certain  number  of  days  before  the  tenants  could  sell 
theirs  (this  he  frequently  released  for  a  certain  tax)  ;  the  rights  of 
market,  mill,  bake-oven,  etc.,  which  were  owned  by  the  lord,  and 
from  which  he  received  tolls  (these  were  frequently  let  out  to  other 
persons  for  an  annual  rent ) .  A  great  lord,  as  a  count  or  duke, 
would  own  a  great  many  such  domains,  and  would  have  a  house  or 
castle  and  farm  in  each  one,  and  an  agent  or  representative  to  care 
for  his  interests  in  the  domain.  Nobles  of  the  lowest  rank,  as  the 
knight  or  chatelain,  might  own  only  two  or  three,  or  even  a  single 
domain. 

2^)9-217.     HOMAGE,  INVESTITURE,  AIDS,  ETC. 
•209.    HOMAGE. 

Boutillier,  Somme  rurale,  I,  18. 

These  documents  illustrate  the  form  of  feudal  practices  after  the 
system  had  become  fairly  well  fixed.  Most  of  the  passages  are  from 
Coutumiers,  codes  or  digests  of  feudal  law  and  practice,  of  which 
there  were  a  great  many  in  the  Middle  Age.  Some  of  the  famous 
ones  are :  in  England,  those  of  Bracton  and  Littleton ;  in  France,  the 
Etablissements  de  St.  Louis,  Coutumes  de  Beauvaisis,  by  Beauma- 
noir,  and  several  provincial  customs,  as  the  Coutumes  of  Normandy, 
of  Anjou,  etc.  Most  of  the  references  were  taken  from  Du  Cange, 
Glossarium,  Hominium.  See  no.  180,  for  an  early  form  of  homage. 

The  man  should  put  his  hands  together  as  a  sign  of 
humility,  and  place  them  between  the  two  hands  of  his  lord 
as  a  token  that  he  vows  everything  to  him  and  promises  faith 
to  him ;  and  the  lord  should  receive  him  and  promise  to  keep 
faith  with  him.  Then  the  man  should  say:  "Sir,  I  enter 
your  homage  and  faith  and  become  your  man  by  mouth  and 
hands  [i.e.,  by  taking  the  oath  and  placing  his  hands  between 
those  of  the  lord],  and  I  swear  and  promise  to  keep  faith  and 
loyalty  to  you  against  all  others,  and  to  guard  your  rights 
with  all  my  strength." 


364    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 


.    HOMAGE. 

Coutume  de  la  Marche,  art.  189. 

The  manner  of  doing  homage  to  another  is  as  follows  :  The 
man  who  wishes  to  enter  the  homage  and  fealty  of  a  lord- 
should  humbly  request  the  lord  to  receive  him  into  his  faith  ; 
his  head  should  be  uncovered,  and  the  lord  may  be  seated  if 
he  wishes;  the  vassal  should  take  off  his  belt  and  sword,  and 
should  kneel  and  say  the  words  of  homage,  etc. 

211.  HOMAGE. 

Ancienne  coutume  de  Normandie,  art.  107. 

The  form  of  homage  is  as  follows  :  The  vassal  who  holds 
by  noble  tenure  reaches  out  his  hands  and  places  them  be- 
tween the  hands  of  his  lord  and  says,  etc. 

212.  HOMAGE. 

Bracton,  De  legibus  et  consuetudinibus  Anglise,  II,  35. 

The  tenant  [vassal]  should  place  his  clasped  hands  between 
the  hands  of  the  lord  ;  by  this  is  signified,  on  the  part  of  the 
lord,  protection,  defense,  and  guarantee;  on  the  part  of  the 
vassal,  reverence  and  subjection. 

213.  HOMAGE. 

Tabularium  Campaniae,  cited  by  Du  Cange,  Glossarium,  Ligius. 

I,  John  of  Toul,  make  known  that  I  am  the  liege  man  of 
the  lady  Beatrice,  countess  of  Troyes,  and  of  her  son,  Theo- 
bald, count  of  Champagne,  against  every  creature,  living  or 
dead,  saving  my  allegiance  to  lord  Enjorand  of  Coucy,  lord 
John  of  Arcis,  and  the  count  of  Grandpre.  If  it  should 
happen  that  the  count  of  Grandpre  should  be  at  war  with 
the  countess  and  count  of  Champagne  on  his  own  quarrel,  I 
will  aid  the  count  of  Grandpre  in  my  own  person,  and  will 
send  to  the  count  and  the  countess  of  Champagne  the  knights 
whose  service  I  owe  to  them  for  the  fief  which  I  hold  of  them. 


No.  214]  FEUDALISM  365 

But  if  the  count  of  Grandpre  shall  make  war  on  the  countess 
and  the  count  of  Champagne  on  behalf  of  his  friends  and  not 
in  his  own  quarrel,  I  will  aid  in  my  own  person  the  countess 
and  count  of  Champagne,  and  will  send  one  knight  to  the 
count  of  Grandpre  for  the  service  which  I  owe  him  for  the 
fief  which  I  hold  of  him,  but  I  will  not  go  myself  into  the 
territory  of  the  count  of  Grandpre  to  make  war  on  him.1 

i  This  is  a  good  illustration  of  the  confusion  of  the  feudal  relation 
in  practice.  The  vassal  held  land  in  this  case  from  four  lords,  to 
all  of  whom  he  did  homage  and  owed  allegiance  and  military  service. 
It  was  the  usual  practice  for  the  vassal  to  do  liege  homage  to  one 
of  the  lords,  who  was  his  chief  or  liege  lord,  and  to  whom  he  owed 
service  first  of  all.  Notice  the  compromise  arrived  at  in  this  case. 
For  distinction  between  liege  homage  and  simple  homage  see  also 
no.  214,  and  no.  218,  introductory  note. 

'  214.  HOMAGE  OF  EDWARD  III  OF  ENGLAND  TO  PHILIP  V 
OF  FRANCE,  1329. 

Froissart,  Chronicle,  I,  ch.  24.     (Lettenhove's  edition,  II,  pp.  227  ff.) 

The  king  of  England  was  received  by  the  king  of  France 
with  great  honor,  and  he  and  his  company  remained  there 
at  Amiens  fifteen  days,  during  which  many  conferences  were 
held  and  many  ordinances  drawn  up.  It  seems  to  me  that  on 
that  occasion  king  Edward  did  homage  in  words,  but  did  not 
place  his  hands  in  the  hands  of  the  king  of  France,  nor  did 
any  of  his  princes,  prelates  or  representatives  do  so  for  him. 
By  the  advice  of  his  council  king  Edward  refused  to  proceed 
further  until  he  had  returned  to  England  and  had  examined 
the  ancient  charters  in  order  to  determine  the  manner  in 
which  the  kings  of  England  had  done  homage  to  the  kings  of 
France.  ...  At  last  the  king  of  England  wrote  letters 
patent,  sealed  with  his  great  seal,  in  which  he  acknowledged 
the  sort  of  homage  that  he  ought  to  pay  to  the  king  of 
France.  This  is  the  form  of  that  letter: 

Edward,  by  the  grace  of  God  king  of  England,  lord  of 
Ireland,  and  duke  of  Aquitaine,  etc.  Know  that  when  we 


366    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

did  homage  to  our  beloved  lord  and  cousin,  Philip,  king  of 
France,  at  Amiens,  he  insisted  that  we  should  acknowledge 
that  our  homage  was  liege  homage,  and  that  in  it  we  should 
expressly  promise  to  be  faithful  and  true  to  him.  We  would 
not  agree  to  this  at  the  time,  because  we  did  not  know  whether 
we  owed  him  liege  homage  or  not.  Accordingly  we  did 
homage  in  general  terms,  saying  that  we  entered  into  his 
homage  in  the  same  manner  as  our  predecessors,  the  dukes  of 
Guienne,  had  formerly  entered  into  the  homage  of  the  kings 
of  France.  But  now  having  found  what  that  manner  was,  we 
acknowledge  by  the  present  letter  that  the  homage  which  we 
paid  to  the  king  of  France  at  Amiens  was,  is,  and  ought  to  be 
held  to  be  liege  homage;  and  that  we  owe  him  loyalty  and 
fidelity  as  duke  of  Aquitaine,  peer  of  France,  count  of 
Ponthieu,  and  count  of  Montreuil;  and  we  hereby  promise 
him  such  loyalty  and  fidelity.  In  order  that  similar  disputes 
may  not  occur  in  the  future,  we  promise  for  ourselves  and 
for  future  dukes  of  Aquitaine  that  homage  shall  be  per- 
formed in  the  following  manner:  The  king  of  England  as 
duke  of  Aquitaine  shall  put  his  hands  within  the  hands  of 
the  king  of  France,  and  the  person  who  speaks  for  the  king 
of  France  shall  say  to  the  king  of  England  as  duke  of 
Aquitaine:  "You  become  the  liege  man  of  my  lord  the  king 
of  France  as  duke  of  Aquitaine,  and  peer  of  France,  and  you 
promise  to  keep  faith  and  loyalty  to  him?  Say  yea."  And 
the  king  of  England,  or  the  duke  of  Guienne,  or  their  suc- 
cessor, shall  say  "Yea."  Then  the  king  of  France  shall 
receive  the  king  of  England,  as  duke  of  Guienne,  by  mouth 
and  hands  [see  no.  209],  saving  their  other  rights.  More- 
over, when  the  said  king  of  England  does  homage  to  the  king 
of  France  for  the  counties  of  Ponthieu  and  Montreuil,  he 
shall  put  his  hands  in  the  hands  of  the  king  of  France  for 
those  counties,  and  the  person  who  speaks  for  the  king  of 
France  shall  say,  etc.  .  .  . 


No.  217]  FEUDALISM  367 

^215.     FEUDAL  AIDS. 

Ancienne  coutume  de  Normandie,  I,  3,  ch.  25. 

The  chief  aids  of  Normandy  are  so  called  because  they  are 
rendered  to  chief  lords  [i.e.,  to  lords  who  receive  liege 
homage].  It  is  the  custom  in  Normandy  to  pay  three  aids 
first,  for  the  knighting  of  the  lord's  oldest  son ; 
second,  for  the  marriage  of  the  lord's  oldest  daughter ;  third, 
for  the  ransom  of  the  lord. 

v7  216.     FEUDAL  AIDS. 

MS.  of  the  Chamber  of  Accounts,  Paris;  cited  from  Du  Cange,  Glossarium, 
Hominium. 

In  the  chatelainerie  [territory  dependent  on  a  castle]  of 
Poitou  and  that  region,  according  to  the  custom  of  the  land, 
those  who  hold  fiefs  pay  five  aids  to  the  lord :  for  the  knight- 
ing of  the  lord's  son,  for  the  marriage  of  the  lord's  oldest 
daughter,  for  the  rachat  *  of  the  lord's  fief,  for  the  crusade, 
and  for  the  ransom  of  the  lord  from  the  hands  of  the 
Saracens. 

1  Rachat,  see  no.  228.  Troyes,  note  2. 

/2i7.     FEUDAL  AIDS,  ETC. 

From  Magna  Charta,  1215. 

In  the  first  part  of  Magna  Charta,  John  promises  to  give  up  the 
abuses  of  feudal  law  which  he  had  practiced.  Thus  he  had  exacted 
exorbitant  payments  from  heirs  for  inheritance  of  fiefs  (reliefs)  ;  he 
had  forced  widows  and  female  heirs  under  his  wardship  to  marry  his 
favorites  and  supporters,  or  had  exacted  heavy  fines  if  they  refused; 
he  had  levied  unjust  aids  and  services,  and  a  heavy  scutage,  or  pay- 
ment for  exemption  from  military  service. 

2.  If  one  of  our  knights  or  barons  or  other  tenants-in- 
chief  [i.e.,  direct  vassals]  who  hold  by  military  service  shall 
die  and  shall  leave  an  heir  who  is  of  age,  the  heir  shall 
receive  his  father's  fiefs  by  paying  only  the  ancient  relief; 
namely,  the  heir  or  heirs  of  an  earl  shall  pay  100  pounds  for 
the  whole  earldom;  the  heir  or  heirs  of  a  knight  shall  pay 
100  solidi  for  the  whole  fief  of  the  knight;  and  those  who 


368    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

inherit  smaller  holdings  shall  pay  smaller  reliefs  according 
to  the  ancient  custom. 

3.  But  if  the  heir  of  any  of  our  tenants-in-chief  is  under 
age  and  is  under  our  ward,  he  shall  have  his  fiefs  when  he 
comes  of  age  without  relief  or  fine. 

8.  No  widow  shall  be  forced  to  marry  unless  she  wishes 
to;  but  she  must  give  security  that  she  will  not  marry  with- 
out our  consent,  if  she  holds  of  us,  or  without  the  consent 
of  her  lord,  if  she  holds  of  another. 

12.  No  scutage  or  aid  shall  be  exacted  in  our  kingdom, 
unless  by  the  common  consent  of  the  realm,  except  for  the 
ransom  of  our  body,  the  knighting  of  our  oldest  son,  and  the 
marriage  of  our  oldest  daughter;  and  these  shall  be  levied  at 
reasonable  rates. 

218-228.  THE  FEUDAL  SYSTEM  IN  PEACTICE,  ILLUS- 
TRATED BY  THE  COUNTY  OF  CHAMPAGNE. 

Actual  conditions  under  the  feudal  system  will,  it  is  thought,  be 
best  illustrated  by  showing  in  some  detail  the  workings  of  the 
system  in  a  single  important  case.  The  following  documents  are 
taken  from  the  great  French  collection  of  documents  called  "Docu- 
ments inedits  sur  1'histoire  de  France";  two  volumes  are  devoted 
to  the  county  of  Champagne  and  contain  all  the  important  documents 
relating  to  the  growth  and  formation  of  the  feudal  territory  of 
Champagne,  the  relation  of  the  counts  to  their  overlords  on  the 
one  hand,  and  to  their  vassals  on  the  other,  and  the  organization  of 
the  lands  retained  by  the  counts  as  domain  lands,  i.e.,  cultivated  by 
tenants  for  the  count  and  not  let  out  in  fief.  The  county  of 
Champagne  is  chosen  because  it  is  one  of  the  best  examples  of  the 
formation  of  a  great  feudal  territory,  and  because  the  two  volumes 
referred  to  form  the  most  complete  as  well  as  most  accessible  collec-. 
tion  of  illustrative  material  for  the  feudal  regime  in  its  practical 
working. 

218-225.     HOMAGES  PAID  BY  THE  COUNT  OF  CHAMPAGNE. 
218.     HOMAGE  TO  THE  DUKE  OF  BURGUNDY,  1143. 

Documents  inedits,  Champagne,  I,  p.  466. 

The  count  of  Champagne  held  his  lands  from  several  overlords; 
the  ones  mentioned  in  the  following  documents  are:  the  king  of 


No.  219]  FEUDALISM  369 

France,  the  duke  of  Burgundy,  the  bishops  of  Langres  and  Chalons, 
and  the  abbot  of  St.  Denis;  he  also  held  parts  of  his  lands  from  the 
emperor,  the  archbishops  of  Sens  and  Rheims,  and  the  bishops  of 
Auxerre  and  Autun.  This  plurality  of  superiors  is  characteristic 
of  most  of  the  great  domains.  The  great  fiefs  came  under  the  control 
of  one  lord  by  various  means,  inheritance,  marriage,  purchase,  subin- 
feudation,  etc.  The  great  lord  endeavored  to  complete  his  control 
of  a  whole  region  by  becoming  the  feudal  holder  of  all  the  land  in 
the  region.  Since  holding  by  feudal  tenure,  including  homage,  etc., 
was  the  regular  method  of  acquiring  land  in  the  feudal  system,  it 
was  used  as  a  form  of  contract,  and  the  personal  subjection  and 
dependence  was  in  many  cases  a  mere  form.  In  cases  like  that  of 
the  count  of  Champagne  the  holder  did  homage  to  all  the  lords  from 
whom  he  held  lands,  but  could  not  of  course  observe  complete 
allegiance  to  each  one.  So  one  of  the  superiors  was  recognized  as  his 
chief  and  liege  lord,  and  to  him  the  holder  did  liege  homage  (see 
no.  213,  note).  Notice  that  the  count  of  Champagne  pays  liege 
homage  to  the  king  of  France,  who  is  his  chief  lord. 

Be  it  known  to  all  men,  present  and  future,  that  count 
Theobald  of  Blois  1  did  homage  to  Odo,  duke  of  Burgundy,  at 
Augustines,  and  acknowledged  that  he  held  the  abbey  of  St. 
Germain  at  Auxerre,  Chaourse,  the  castle  of  Maligny  with  all 
its  dependencies,  the  castle  of  Ervy  with  all  its  dependencies, 
the  county  of  Troyes,  the  city  of  Troyes,  and  Chateau- Villain, 
as  fiefs  from  the  duke. 

i  The  territory  of  the  count  of  Champagne  included  the  counties  of 
Blois,  Troyes,  Champagne,  and  Brie,  and  the  holder  was  called  by 
these  different  titles  at  various  times. 


219.     HOMAGE  TO  PHILIP  II  or  FRANCE,  1198. 

Documents  merits,  Champagne,  I,  pp.  467  f. 

Philip,  by  the  grace  of  God  king  of  France.  Be  it  known 
to  all  men,  present  and  future,  that  we  have  received  our 
beloved  nephew,  Theobald,  count  of  Troyes,  as  our  liege  man, 
against  every  creature,  living  or  dead,  for  all  the  lands  which 
his  father,  count  Henry,  our  uncle,  held  from  our  father, 
and  which  count  Henry,  the  brother  of  Theobald,  held  from 


370    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

us.  Count  Theobald  has  sworn  to  us  on  the  most  holy  body 
of  the  Lord  and  on  the  holy  gospel  that  he  will  aid  us  in 
good  faith,  as  his  liege  lord,  against  every  creature,  living  or 
dead;  at  his  command  the  following  persons  have  sworn  to 
us  that  they  approve  of  this  and  will  support  and  aid 
him  in  keeping  this  oath:  Guy  of  Dampierre,  Giialcher  of 
Chatillon,  Geoffroy,  marshal  of  Champagne,  etc.  [vassals  of 
the  count  of  Champagne].  If  count  Theobald  fails  in  his 
duty  to  us  and  does  not  make  amends  within  a  month  from 
the  time  when  they  learn  of  it,  they  will  surrender  themselves 
to  us  at  Paris,  to  be  held  as  prisoners  until  he  makes  amends ; 
and  this  shall  be  done  every  time  that  he  fails  in  his  duty  to 
us.  We  have  sworn  with  our  own  hand  that  we  will  aid 
count  Theobald  against  every  creature,  living  or  dead ;  at  our 
command  the  following  men  have  sworn  that  they  approve  of 
this  and  will  support  and  aid  us  in  keeping  this  oath: 
Pierre,  count  of  Nevers,  Drogo  of  Mello,  William  of  Galande, 
etc.  [vassals  of  the  king].  If  we  fail  in  our  duty  to  count 
Theobald,  and  do  not  make  amends  within  a  month  from  the 
time  when  they  learn  of  it,  they  will  surrender  themselves  to 
him  at  Troyes  to  be  held  as  prisoners  there  until  we  make 
amends ;  and  they  shall  do  this  every  time  that  we  fail  in  our 
duty  to  him.  .  .  .  We  have  also  agreed  that  our  beloved 
uncle,  William,  archbishop  of  Rheims,  and  the  bishops  of 
Chalons  and  Meaux,  may  place  those  of  our  lands  that  are 
in  their  dioceses  under  interdict,  as  often  as  we  fail  in  our 
duty  to  count  Theobald,  unless  we  make  amends  within  a 
month  from  the  time  when  they  learn  of  it ;  and  count  Theo- 
bald has  agreed  that  the  same  archbishop  and  bishops  may 
place  his  lands  under  an  interdict  as  often  as  he  fails  in  his 
duty  to  us,  unless  he  makes  amends  within  a  month  from  the 
time  when  they  learn  of  it.1 

1  Notice  the  securities  given  by  each  party ;  a  suggestion  that  the 
oath  alone  was  not  always  sufficiently  binding. 


No.  221]  FEUDALISM  371 

220.  HOMAGE  TO  THE  DUKE  OF  BURGUNDY,  1200. 

Documents  ine'dits,  Champagne,  I,  p.  468. 

We,  Odo,  duke  of  Burgundy,  make  known  to  all  men, 
present  and  future,  that  we  have  received  our  relative  and 
faithful  subject,  Theobald,  count  of  Troyes,  as  our  man  for 
the  land  which  his  father,  count  Henry,  held  of  our  father, 
Hugo,  duke  of  Burgundy,  just  as  his  father,  count  Henry, 
was  the  man  of  our  father.  We  have  promised  count  Theo- 
bald that  we  and  our  heirs  will  guarantee  that  land  to  him 
and  his  heirs  against  every  creature,  living  or  dead,  and  will 
aid  him  and  them  in  good  faith  with  all  our  power  to  hold 
that  land  in  peace  and  quiet. 

221,  222.    AGREEMENT   BETWEEN    BLANCHE    OF    CHAM- 
PAGNE AND  PHILIP  II,  1201. 

221.    LETTER  OF  BLANCHE. 

Documents  inedits,  Champagne,  I,  p.  469. 

Notice  the  rights  of  wardship  and  marriage  exercised  by  the  lord  in 
this  case.  The  counts  of  Champagne  claimed  to  be  hereditary  counts 
palatine  of  France  (see  nos.  223  and  225)  ;  notice,  however,  that  the 
king  of  France  does  not  use  the  title  in  speaking  of  the  countess. 

I,  Blanche,  countess  palatine  of  Troyes.  Be  it  known  to 
all,  present  and  future,  that  I  have  voluntarily  sworn  to  my 
lord,  Philip,  king  of  France,  to  keep  the  agreements  con- 
tained in  this  charter.  .  .  . 

I  have  voluntarily  sworn  that  I  will  never  take  a  husband 
without  the  advice,  consent,  and  wish  of  my  lord,  Philip, 
king  of  France,  and  that  I  will  place  under  his  guardianship 
my  daughter  and  any  child  of  whom  I  may  be  pregnant  from 
my  late  husband,  count  Theobald.  In  addition,  I  will  turn 
over  to  him  the  fortresses  of  Bray  and  Montereau,  and  give 
him  control  of  all  the  men  who  dwell  there  and  all  the 
knights  who  hold  fiefs  of  the  castles,  so  that  if  I  break  my 
promise  to  keep  these  agreements,  all  the  aforesaid  men  shall 
hold  directly  of  my  lord,  Philip,  king  of  France;  and  they 


372    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

shall  all  swear  to  aid  him  even  against  men  and  against  every 
other  man  or  woman.  The  lord  of  Marolles  shall  put  him- 
self and  his  castle  also  under  the  control  of  the  king>  and  simi- 
larly all  the  knights  who  hold  fiefs  of  Provins,  and  all  the 
men  of  Provins,  and  all  the  men  of  Lagny  and  Meaux,  and 
all  the  knights  who  hold  fiefs  of  these  places.  ...  I 
will  do  liege  homage  to  my  lord,  Philip,  king  of  France, 
and  I  will  keep  faith  with  him  against  all  creatures,  living 

or  dead. 

i 

222.  LETTER  or  THE  KING. 

Documents  ine'dits,  Champagne,  I,  p.  470. 

In  the  name  of  the  holy  and  undivided  Trinity,  amen. 
Philip,  by  the  grace  of  God  king  of  France.  Be  it  known  to 
all,  present  and  future,  that  we  have  received  Blanche, 
countess  of  Troyes,  as  our  liege  woman,  for  the  fief  which 
our  beloved  nephew  and  faithful  subject,  Theobald,  former 
count  of  Troyes,  held  from  us.  ...  We  have  sworn  to 
her  that  we  will  keep  the  agreements  written  in  this  charter 
in  good  faith,  as  to  our  liege  woman;  namely,  that  we  will 
protect  and  nourish  her  daughter  whom  she  has  placed  in 
our  ward,  in  good  faith  and  without  deceit,  and  that  we  will 
not  give  her.  in  marriage  until  she  reaches  the  age  of  twelve 
years.  After  she  has  reached  that  age,  we  will  provide  her 
with  a  husband  in  accordance  with  the  desires  and  advice  of 
ourself,  our  mother,  the  lady  Blanche,  and  the  barons  whose 
names  are  written  here,  or  of  the  persons  who  hold  their 
fiefs,  if  they  have  died.  These  are  the  barons:  William, 
archbishop  of  Rheims;  Odo,  duke  of  Burgundy;  Guy  of 
Dampierre;  Gualcher  of  Chatillon,  etc. 

223.  HOMAGE  TO  THE  BISHOP  OF  LANGRES,  1214. 

Documents  ine"dits,  Champagne,  I,  p.  472. 

I,  Blanche,  countess  palatine  of  Troyes,  make  known  to 
all  who  see  these  presents  that  while  my  beloved  lord,  Wil- 


No.  225]  FEUDALISM  373 

liam,  bishop  of  Langres,  was  at  Troyes  on  certain  business, 
I  besought  him,  if  he  was  willing,  to  receive  there  the  homage 
of  my  beloved  son,  count  Theobald.  He  replied  that  the 
homage  ought  to  be  made  only  at  Langres,  but  that,  as  a 
favor  to  me  and  out  of  love  to  my  son,  he  would  receive  it  at 
Troyes,  in  order  that  I  might  be  spared  the  journey,  saving 
his  rights  and  the  rights  of  the  church  of  Langres,  and  the 
rights  of  my  son.  Accordingly  he  received  the  homage  of 
my  son  at  Troyes,  and  I  conceded  and  concede  that  this  shall 
work  no  prejudice  to  the  rights  of  the  church  of  Langres,  or 
the  bishop,  but  that  the  rights  of  the  bishop  and  of  my  son 
shall  remain  unimpaired. 

224.  HOMAGE  TO  THE  BISHOP  OF  CHALONS,  1214. 

Documents  ineVlits,  Champagne,  I,  p.  474. 

Gerard,  by  the  grace  of  God  bishop  of  Chalons,  to  all  who 
see  these  presents,  greeting  and  sincere  love  in  the  Lord.  Know 
that  when  our  beloved  son  and  faithful  subject,  Theobald, 
count  of  Champagne,  came  to  us  at  Cherville,  we  were  ill, 
and  so  he  did  homage  at  St.  Memmie.  Now  in  order  that 
this  may  not  work  prejudice  to  future  counts  of  Champagne, 
we  acknowledge  and  bear  witness  that  homage  ought  to  be 
done  at  Cherville  or  elsewhere  in  the  march  [i.e.,  frontier], 
where  the  bishops  of  Chalons  and  the  counts  of  Champagne 
are  wont  to  come  together  for  conference  and  the  transaction 
of  business. 

225.  HOMAGE  TO  THE  ABBOT  OF  ST.  DENIS,  1226. 

Documents  ine\lits,  Champagne,  I,  p.  476. 

Peter,  by  the  grace  of  God  abbot  of  St.  Denis,  to  all  who 
see  these  presents,  greeting  in  the  Lord.  Know  that  the 
noble  man,  Theobald,  count  palatine  of  Champagne  and 
Blois,  did  homage  to  us  for  the  castle  of  Nogent-sur- Seine 
and  its  dependencies,  in  the  same  manner  as  Milo  of  Chalons, 
former  lord  of  that  castle,  who  held  it  as  a  fief  from  the 


374    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

church  of  St.  Denis.  With  the  advice  and  consent  of  OUT 
chapter  we  have  granted  that  the  said  count  shall  be  bound 
to  appear  only  in  our  court  in  matters  pertaining  to  that  fief. 

226.     LIST  OF  THE  FIEFS  OF  CHAMPAGNE,  ABOUT  1172. 

Documents  inddits,  Champagne,  I,  pp.  22  ff. 

These  documents  illustrate  the  relation  of  his  vassals  to  the  count 
of  Champagne.  They  are  taken  from  a  register  of  the  fiefs  and 
vassals  of  the  count  of  Champagne,  drawn  up  about  1172.  There 
are  many  instances  of  such  registers  or  inventories  in  the  feudal  age ; 
the  relations  of  lord  and  vassals  were  apt  to  become  confused  and 
subject  to  dispute.  The  particular  purpose  of  the  register  in  this 
case  was  to  determine  the  number  of  knights  owing  military  service 
to  the  count  of  Champagne,  and  the  amount  of  service  owed  by 
each  one. 

OF  CHATILLON  AND  FISMES. 

Count  of  Bethel,  liege  homage. 

Count  of  Grandpre,  liege  homage. 

Count  of  Roucy,  liege  homage. 

Count  of  Chiny. 

Roger  of  Rozoy,  for  the  fief  of  Chaourse.  Roger  of  Rozoy, 
his  son  [did  homage].1 

Lord  of  Montmort,  liege  homage.  Guy  of  Montmort  [did 
homage].  He  holds  in  fief  the  rights  of  the  forest  of  Vassy 
and  many  other  fiefs. 

Hugo  of  Oisy,  a  year's  guard. 

Gaulcher  of  Chatillon,  guard  and  liege  homage. 

The  sons  of  Guy  of  Chatillon,  a  year's  guard  and  liege 
homage,  etc.,  etc. 

OF  CHATEAU-THIERRY. 

Count  of  Soisson.     His  fief  is  thirty  pounds  of  the  tolls 
and  taxes  of  Chateau-Thierry.2 
Lord  of  Pierrefonds. 
Lord  of  Nesles,  Fresnes,  and  Roiglise. 
Lord  of  Braisne. 


No.  227]  FEUDALISM  375 

Lord  of  Bazoches  is  liege  man  of  the  count  after  the  bishop 
of  Soissons,3  and  owes  three  months'  guard.  For  Coulonges 
and  the  forest  as  far  as  Ste.  Gemme  [his  fief] . 

Andre  de  Ferte,  liege  homage  and  a  year's  guard. 

Bartholome  de  Thury,  liege  homage  and  a  year's  guard. 
His  fief  is  at  Thury,  Coulombs,  and  Chacrise,  etc.,  etc. 

OF  MEAUX. 

Count  of  Vermandois. 

Count  of  Beaumont. 

Bishop  of  Beauvais,  for  the  fief  of  Savignies. 

Bochard  of  Montmorency.  His  fief  is  at  Marly  and 
Ferrieres. 

Lord  of  Crecy-en-Brie.     For  Crecy  and  many  other  fiefs. 

Lord  of  Montjay. 

Viscount  of  La  Ferte,  liege  homage  and  guard.  For  his 
holdings  at  Gandelus,  Fresnes,  La  Ferte-Gaucher,  La  Ferte- 
sous-Jouarre,  and  Lizy,  and  their  dependencies,  except  the 
fief  which  he  holds  of  the  bishop  of  Meaux  and  the  abbot  of 
St.  Faron. 

Theobald  of  Crespy.    For  Bouillancy,  etc.,  etc. 

1  This  expression  means  apparently  that  the  person  named  did  the 
homage  and  performed  the  services  for  the  holder  of  the  fief,  as  his 
representative. 

2  Here  is   a  case  where  the  fief  of  a  vassal  is   a  portion  of  the 
revenues  of  the  lord.     As  already  noted,  holding  by  feudal   tenure 
was  the  regular  form  of  contract  in  the  feudal  age;  it  was  used  not 
only  in  regard  to  the  holding  of  land,  but  also  for  the  acquisition  of 
other  possessions,  as  a  sum  of  money,  etc. 

»  The  bishop  of  Soissons  is  the  liege  lord  of  the  lord  of  Bazoches. 

227.  SUM  or  THE  KNIGHTS  [WHO  OWE  SERVICE  TO  THE 
COUNT  OF  CHAMPAGNE]. 

Documents  infidits,  Champagne,  I,  pp.  73  f. 

This  table  occurs  at  the  end  of  the  register  of  the  fiefs  of  the 
count  of  Champagne  of  which  the  preceding  number  is  a  part.  It  is 


376    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

the  sum  of  the  knights  who  owe  regular  military  service  to  the  count, 
and  is  also  therefore  the  number  of  knights  whom  the  count  should 
bring  in  answer  to  royal  summons  to  war. 

From  La  Ferte '. 58 

Bar-sur-Auhe 117 

Rosnay 79 

Saint- Florentin 42 

Ervy 39 

Villemaur 27 

Vitry  and  dependencies 159 

Bussy-le-Chateau 25 

Mareuil-en-Brie 8-i 

Montfelix 24 

Epernay 40 

Chatillon  and  Fismes 160 

Oulchy 62 

Chateau-Thierry 86 

Meaux 149 

Coulommiers 68 

Montereau 29 

Chantemerle 34 

Bray-sur- Seine 83 

Provins 265 

Payns 42 

Pont-sur-  Seine 42 

Sezanne  and  Lachy 85 

Vertus   61 

Troyes  and  Isle-Aumont 135 

Mery-sur- Seine 21 

The  great  fiefs 20 


Whole  sum  of  the  knights 2,030 


[Correct  total    2,036J 


No.  228]  FEUDALISM  377 

228.  EXTENT  OF  THE  LANDS  OF  THE  COUNTY  OF  CHAM- 
PAGNE AND  BRIE,  ABOUT  1215. 

Documents  in&iits,  Champagne,  II,  pp.  9  ff. 

This  is  an  inventory  of  the  domain  lands  of  the  count  of  Cham- 
pagne, made  to  determine  the  revenues,  possessions,  and  rights  of  the 
count,  and  the  obligations  and  dues  of  the  tenants  and  serfs.  They 
were  determined  by  the  examination  of  certain  trustworthy  inhabi- 
tants of  each  domain  or  village.  The  result  was  arranged  according 
to  bailiwicks  (large  administrative  districts),  and  domains  or  vil- 
lages. Thus  the  cases  given  here  are  taken  from  the  four  villages 
of  Troyes,  Nogent,  Pont,  and  Scant,  in  the  bailiwick  of  Troyes.  The 
student  should  notice  the  rights  of  the  lord  (justice,  banvin,  rachat, 
mainmort,  markets,  tolls,  etc.)  ;  the  revenues  from  the  lands;  the 
position  of  the  prevGt  (the  lord's  agent  in  the  village),  whose 
services  are  paid  by  allowing  him  to  collect  and  keep  part  of  the 
revenues.  Note  also  that  in  this  age  many  of  the  rights  of  the  lord 
are  commuted  for  money  or  let  out  to  others  for  an  annual  rent ;  this 
was  a  common  tendency  of  the  later  feudal  age,  when  the  lord  came 
more  and  more  to  appreciate  the  advantages  of  ready  money  over 
services  and  rents  in  produce. 

BAILIWICK  OF  TROYES. 

1.     Troyes. 

The  count  has  at  Troyes  pure  and  mixed  justice  in  Troyes 
and  all  jurisdiction  over  all  persons,1  except  the  men  who 
have  charters  of  privilege  and  the  men  who  live  on  the  lands 
of  churches  which  have  jurisdiction  over  their  men  by 
charter  or  long  usage. 

Fines  in  cases  coming  under  the  high  justice  are  levied  at 
the  will  of  the  count  according  to  the  character  of  the  crimes 
and  the  custom  of  the  city.  They  are  not  estimated  here. 
Escheat  and  confiscation  of  goods  for  the  great  crimes,  such 
as  killing,  theft,  rapine,  heresy,  etc.,  belong  to  the  high 
justice.  The  prevot  has  20  solidi  of  the  fines  which  are 
levied,  and  60  solidi  of  the  escheats.  Besides  these  the 
prevot  has  no  share  in  these  fines,  but  they  go  to  the  count. 

Fines  for  cases  coming  under  the  low  justice  are  levied 
according  to  the  custom  of  Troyes.  .  .  . 


378    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

The  count  also  has  the  right  of  mainmort  by  which  he 
takes  all  the  goods  of  men  who  die  without  children  or  heirs 
who  should  succeed,  and  all  the  goods  of  low-born  men  who 
die  without  children.  .  .  . 

The  count  also  has  within  the  district  of  Troyes  the  right 
of  rachat,2  which  the  widows  of  noble  holders  of  fiefs  must 
pay  if  they  wish  to  marry  again.  The  rate  of  the  rachat  has 
been  decided  to  be  equal  to  the  income  of  the  fief  for  a  year. 
The  prevot  has  no  share  in  the  rachat. 

The  count  also  has  the  markets  of  St.  John,  which  begin 
on  the  first  Tuesday  two  weeks  after  the  day  of  St.  John  the 
Baptist  and  end  about  the  day  of  the  Nativity  of  the  Blessed 
Virgin.  They  are  now  estimated  to  be  worth  1,000  pounds,3 
besides  the  fiefs  of  the  holders  of  the  markets  which  are 
worth  13  pounds.  This  market  is  called  the  "hot-weather 
fair"  (la  foire  chaude). 

He  also  has  the  markets  of  St.  Remy,  called  the  "cold- 
weather  fair"  (la  foire  froide).  They  begin  on  the  day  after 
All  Saints'  day  and  last  until  a  week  before  Christmas.  They 
are  estimated  to  be  worth  now  about  700  pounds.  .  .  . 

The  count  also  has  the  house  of  the  German  merchants 
where  cloth  is  sold.  .  .  .  It  is  sold  or  rented  out  at  the 
fairs  of  St.  John  and  St.  Remy,  and  is  estimated  to  be  worth 
400  pounds  a  year,  deducting  the  expenses. 

The  count  also  has  the  stalls  of  the  butchers  .  .  . 
which  are  held  from  the  count  for  an  annual  rental,  paid 
half  on  the  day  of  St.  Remy,  and  half  on  the  day  of  the 
Purification  of  the  Blessed  Virgin.  The  count  also  has 
jurisdiction  in  cases  arising  in  regard  to  the  stalls  of  the 
butchers. 

He  also  has  the  hall  of  the  cordwainers  [shoemakers], 
where  shoes  are  sold  on  Saturday;  it  is  situated  next  to  the 
stalls  of  the  butchers.  It  is  held  from  the  count  for  an 
annual  rental,  paid  at  the  above-mentioned  times. 

The  count  and   Nicholas  of  Bar-le-Duc  have  undivided 


No.  228]  FEUDALISM  379 

shares  in  a  house  back  of  the  dwelling  of  the  prevot,  which 
contains  18  rooms,  large  and  small.  The  rooms  are  rented 
for  an  undivided  rent  of  125  solidi,  of  which  half  goes  to  the 
said  Nicholas. 

The  count  and  the  said  Nicholas  have  undivided  shares  in 
seventeen  stalls  for  the  sale  of  bread  and  fishes.  They  are 
now  rented  for  18  pounds  and  18  solidi.  .  .  . 

1  Justice  was  divided  into  high  and  low,  or  into  high,  middle,  and 
low  justice.     These  distinctions  were  not  everywhere  the  same,  but 
in  general  high  justice  meant  jurisdiction  over  cases  the  penalty  for 
which  was  death  or  mutilation,  and  low  justice,  or  middle  and  low 
justice,  the  jurisdiction  over  less  serious  crimes.     The  same  general 
difference  was  understood  by  pure  and  mixed  justice.     When  the  lord 
is  said  to  have  "all  the  justice,  high  and  low,"  or  "pure  and  mixed 
justice,"  it  is  meant  that  he  has  complete  jurisdiction  over  his  sub- 
jects in  all  cases. 

2  Rachat  is  the  sum  paid  by  the  new  holder  of  a  fief  at  the  time 
of  his  entrance  into  the  fief;  it  is  about  the  same  as  the  relief    (see 
no.  217,  §  2,  and  introductory  note  to  nos.  209-228),     Here  it  refers 
to  the  sum  which  the  widow  of  a  vassal  of  the  count  must  pay  when 
she  remarries,  not  for  the  privilege  of  remarrying,  but  for  the  right 
to  take  the  fief  with  her  to  her  new  husband. 

3  Note  the  great  value  of  the  markets  to  the  count.    Troyes  was  not 
a   small   village,   but   a   city   of   some   importance,    and    the   market 
rights  were  worth  a  good  deal.     This  is  a  good  illustration  of  the 
seignorial  or  feudal  control  of  cities,  against  which  the  citizens  con- 
tinually struggled.     (See  nos.  308,  309.) 

4.  Nbgent-sur-Seine. 

The  count  has  a  house  there  and  the  orchard  that  goes 
with  it,  which  the  count  retains  for  himself  [i.e.,  has  not  let 
out  in  fief]. 

According  to  the  statement  under  oath  of  Pierre  of  Pam- 
peluna  [etc.],  the  count  has  also  all  the  justice,  except  that 
which  is  held  by  others  by  charter  or  long  usage.  .  .  . 

Escheat  and  confiscation  of  goods  come  under  the  high 
justice,  and  the  prevot  has  the  same  rights  in  fines  and 
escheats  as  in  the  case  of  Troyes  [see  above].  The  smaller 


380    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

fines  from  cases  belonging  to  the  high  justice  are  estimated 
as  belonging  to  the  office  of  the  prevot. 

The  count  also  has  the  market  hall  and  the  toll  from  the 
markets  and  the  village,  every  day  in  the  week.  They  are 
estimated  at  80  pounds. 

He  also  has  the  banvin,  which  lasts  a  whole  month,  be- 
ginning on  the  day  after  Easter.  It  is  valued  at  30  pounds. 

The  count  also  has  the  right  over  the  streams  of  Noe  and 
Vileure.  .  .  . 

5.  Extent  of  the  domain  of  Pont-sur- Seine,  determined 
by  the  statements  of  Pierre  Molventre,  Th.  Coichard,  and 
Robert  of  Besangon,  who  were  sworn  to  speak  the  truth. 

The  count  has  a  house  there,  and  has  all  the  justice  in  the 
village  and  the  chatelainerie,  except  that  which  is  held  by 
others  by  charter  or  long  usage.  The  high  and  low  justice 
is  exercised  as  described  in  the  chapter  on  Troyes.  The  juris- 
diction exercised  by  the  prevot  is  estimated  to  be  worth 
100  pounds  a  year,  the  jurisdiction  over  the  fiefs  at  14 
pounds,  10  solidi,  and  the  jurisdiction  over  the  clergy  at  26 
solidi,  8  denarii. 

These  are  the  dues  collected  by  the  prevot : 

Taxes  and  toll  from  the  market,  and  18  solidi  of  the 
ancient  small  tax.  Also  the  lods  et  ventes,1  which  are  now 
estimated  at  42  pounds. 

The  banvin,  which  lasts  for  15  days,  beginning  about  the 
day  of  St.  Mary  of  Magdala,  when  the  count  wishes  to  exer- 
cise it;  it  is  worth  about  60  solidi  when  the  count  wishes  to 
sell  it.  The  monks  of  St.  Etienne  have  the  same  banvin, 
but  they  are  not  allowed  to  sell  it  unless  the  count  sells  his. 

The  rents  from  the  inhabitants  of  Villeneuve,  now  worth 
60  solidi.  The  prevot  takes  half,  and  the  other  half  goes  to 
the  canons  of  the  church  of  Provins.  Each  farm  also  pays 
12  denarii  and  a  measure  of  oats,  half  to  the  count  (the 
prevot  does  not  take  this)  and  half  to  the  said  canons,  ,  ,  , 


No.  228]  FEUDALISM  381 

The  count  also  has  the  following  rents  and  lods  et  ventes: 

Lods  et  ventes  from  the  house  of  Robert  of  Besangon,  and 
12  solid!  rent;  the  same  from  the  house  of  Claude  and  10 
solidi  rent;  the  same  from  the  house  of  Ordinetus  the  serf, 
and  25  solidi  rent. 

He  also  has  from  Saint-Martin-de-Bossenay  5  solidi  of  the 
small  tax,  lods  et  ventes,  three  hens  a  year,  and  15  measures 
of  oats.  .  .  . 

The  count  also  has  from  Le  Chatelot,  near  Villeneuve, 
seven  hens  a  year,  and  five  measures  of  oats  to  be  paid  on 
Christmas,  and  they  belong  to  the  office  of  the  prevot.  .  . 

Hugo  of  Villeneuve,  clergyman,  Renerius,  his  brother,  the 
prevot  of  the  village,  Pierre  Florie,  Pierre  Fromerit,  former 
prevot,  and  Hugo  Florion,  say  on  their  oath  that  the  count 
has  the  right  of  escheat  from  all  who  die  in  the  village  with- 
out heirs.  .  .  . 

i  Lods  et  ventes  were  payments  made  to  the  lord  when  the  farm 
changed  hands.  The  holder  in  these  cases  had  the  right  to  sell  or 
rent  his  holding  subject  to  the  payment  of  lods  et  ventes.  It  may  be 
compared  to  rachat  or  relief  in  the  case  of  fiefs. 

6.  Extent  of  Scant,  determined  by  the  statements  of 
Theobald  the  bailly,  Ithari  le  Paalier,  Felicite  Huilliet, 
Guillot  le  Convert,  and  Milauti  Veitu,  sworn  to  speak  the 
truth. 

They  said  on  their  oaths  that  Henry,  king  of  Navarre  of 
blessed  memory,  bought  the  village  of  Scant,  with  its  men, 
lands,  woods,  domains,  and  appurtenances,  from  the  lord  of 
Montmorency,  with  the  dowry  of  lady  Blanche  his  wife,  now 
the  wife  of  lord  Edmund,  son  of  the  king  of  England,  pay- 
ing for  it  6,500  pounds  Tours.1  The  said  lady  Blanche  has 
a  house  there  and  all  the  justice,  high  and  low,  within  the 
boundaries  of  Scant.  .  .  . 

The  lord  of  Montmorency  had  and  the  lady  Blanche  has 
20  journata  2  of  land  in  the  place  known  as  the  clearing  of 


382    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

Forni,  10  journata  in  the  clearing  of  John  of  Pont,  10 
journata  in  the  clearing  of  Pierre  Courbe,  and  5  journata  in 
the  clearing  of  Val  de  Laroi.  In  all,  45  journata,  which  are 
equal  to  about  42  arpents. 

The  lady  also  has  the  land  tax  from  all  the  clearings; 
these  are  in  meadows  and  contain  about  250  arpents. 

The  lady  also  has  the  land  taxes  from  the  great  field  of 
Scant;  this  tax  is  divided  into  twelve  parts,  of  which  the 
abbeys  of  Valle  Lucenti,  Pontigny,  and  Dillo  have  five  parts, 
and  the  lady  the  other  seven.  .  .  . 

The  lady  also  has  rents,  customs,  and  taxes  from  the  fol- 
lowing men: 

Theobald  the  bailly  is  the  man  of  the  lady  Blanche  and 
holds  of  her  in  fief  five  of  the  eight  parts  of  the  hake-oven 
of  Scant ; 3  the  other  three  parts  are  held  by  Adelicia  and  her 
children.  The  said  Theobald  also  has  a  farm  from  the 
countess,  for  which  he  pays  5  solidi,  1  denarius  rent,  and  a 
measure  of  wine,  a  hen,  a  loaf  of  bread,  and  three  measures 
of  oats. 

The  children  of  Bertelon  are  men  of  the  countess  and  hold 
land  of  her  at  a  rent  of  11  measures  of  oats  and  the  taille.4 

The  children  of  Baudonnet  are  men  of  the  countess  and 
hold  land  of  her  at  a  rent  of  12  denarii  and  a  measure  of 
oats,  and  the  taille.  .  .  . 

1  An  illustration  of  the  acquisition  of  a  fief  by  purchase.     All  the 
rights  of  the  former  holder  went  with  the  land  to  the  new  holder. 

2  Journatum   is   a   measure   of   land,   literally   the   amount   which 
could  be  cultivated  in  a  day.     Probably  in  this  case  the  lord  had 
allowed  some  of  his  tenants  to  clear  and  reduce  to  cultivation  part 
of  his  waste  lands,  on  condition  that  he  be  given  a  portion  of  the 
cleared  land  from  each  tenant  as  payment  for  the  permission. 

'Note  that  the  village  bake-oven,  which  the  lord  originally  erected 
and  from  which  he  collected  tolls,  has  been  let  out  as  a  fief  and  is 
now  in  the  possession  of  two  families  of  tenants. 

*  The  taille,  poll  tax. 


No.  229]  FEUDALISM  383 

229,  230.    THE  ATTEMPT  OF  THE  KING  TO  CONTROL  THE 
FEUDAL  NOBLES. 
^£29.    THE  FEUDAL  LAW  OF  CONRAD  II,  1037. 

M.  G.  LL.  4to,  IV,  1,  no.  45;  Doeberl,  III,  no.  1. 

The  feudal  king  naturally  was  not  content  with  his  restricted 
authority  under  the  feudal  regime  and  attempted  to  assert  his  right 
as  head  of  the  state  to  enforce  general  laws  for  the  whole  realm. 
When  the  king  was  strong  and  able,  he  could  do  this  to  some  extent, 
but  when  he  was  weak,  his  commands  received  little  attention.  In 
the  reigns  of  Conrad  II  and  Frederick  I,  in  Germany,  the  monarch 
was  able  to  control  his  great  vassals  and  enforce  obedience  to  his 
laws.  But  the  triumph  of  the  papacy,  allied  with  the  great  nobles 
of  Germany,  over  the  emperor  was  fatal  to  the  development  of  a 
strong  monarchy,  and  after  the  death  of  Frederick  II  the  feudal 
lords  became  independent  princes.  See  the  progressive  concessions  to 
princes,  nos.  136,  139,  153,  160.  In  France  the  monarchy  became 
absolute  by  acquiring,  in  accordance  with  feudal  law,  actual 
possession  of  all  the  great  fiefs.  In  England,  the  conflict  between  the 
king  and  the  feudal  lords  gave  opportunity  for  the  rise  of  a  repre- 
sentative system  of  government,  which  was  used  sometimes  by  the 
king  to  control  the  lords  (as  in  the  cases  of  Henry  I  and  Henry  II), 
sometimes  by  the  great  lords  to  control  the  king  (John  and  Henry 
III).  Thus  the  feudal  system,  under  different  conditions,  resulted, 
in  France  in  an  absolute  monarchy,  in  England  in  a  constitutional 
monarchy,  and  in  Germany  in  a  weak  central  government  and  a 
kingdom  composed  of  many  practically  independent  principalities. 

In  the  name  of  the  holy  and  undivided  Trinity.  Conrad, 
by  the  grace  of  God  emperor  of  the  Romans,  Augustus. 

(1)  Know    .    .     .    that  we  have  ordained  and  established 
that  no  knight  of  a  bishop,  abbot,  margrave,  count,  or  of  any- 
one else,  who  holds  a  benefice  from  the  royal  or  from  church 
lands,  shall  be  deprived  of  his  benefice  unless  he  has  been 
convicted  of  a  crime  by  his  peers,  according  to  the  laws  of 
our  ancestors.     This  applies  to  both  our  great  vassals  and 
their  knights. 

(2)  If  a  conflict  shall  have  arisen  between  a  great  vassal 
and  his  knight,  and  the  peers  shall  have  judged  that  the  knight 
should  lose  his  benefice,  and  if  the  knight  alleges  that  he  was 


384    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

condemned  unjustly,  he  shall  keep  his  henefice  until  both 
parties  have  come  into  our  presence,  where  the  case  shall  be 
settled  justly.  But  if  the  great  vassal  is  not  able  to  get  the 
peers  of  the  accused  to  give  judgment,  the  accused  shall  hold 
his  benefice  until  he  and  his  overlord  and  the  peers  shall 
have  come  before  us.  In  such  cases,  the  party  who  appeals 
shall  notify  the  other  party  to  the  suit,  six  weeks  before  he 
sets  out  to  the  royal  court.  This  applies  to  our  great  vassals 
as  well.1 

(3)  But  cases  between  lower  vassals  shall  be  tried  before 
their  lords  or  before  our  missi. 

(4)  We  ordain  also  that  when  any  knight,  either  of  a 
great  vassal  or  of  a  rear-vassal,  dies,  his  son  shall  have  his 
benefice.     If  he  does  not  leave  a  son,  but  a  son  of  his  son 
survives,  this  grandson  shall  receive  his  benefice,  observing 
the  custom  of  great  vassals  by  giving  horses  and  arms  to  his 
lord.2     But  if  the  knight  leaves  neither  son  nor  grandson,  but 
a  brother  or  a  half-brother  on  the  father's  side,  that  one  shall 
have  the  benefice,  if  he  is  willing  to  become  the  knight  of  the 
lord  of  that  benefice. 

(5)  Moreover,  we  forbid  that  any  lord  should  trade  the 
benefice  which  his  knight  holds,  or  dispose  of  it  in  any  way 
without  the  knight's  consent.     And  no  one  shall  dare  to  take 
from  his  knight  the  lands  which  he  holds  by  proprietary  right 
or  as  a  libellum  or  precarium.3 

(6)  The  fodrum  from  the  castles  which  was  paid  to  our 
ancestors  shall  be  paid  to  us,  but  we  will  not  require  any 
which  was  not  paid  to  them. 

1  Note  the  right  of  the  vassal  to  be  tried  by  a  court  of  his  peers, 
i.e.,  a  court  composed  of  the  other  vassals  of  the  same  lord;  and  also 
the  right  of  appeal  claimed  for  the  court  of  the  king. 

2  This  is  an  old  form  of  relief. 

s  Feudal  tenure  of  land  was  not  the  only  form  known  in  the  Middle 
Age.  Other  more  ancient  forms  still  existed  in  exceptional  cases;  as 
here:  land  held  by  proprietary  right,  that  is,  allodial  possessions 
that  had  never  been  feudalized;  land  held  as  libellum  or  precarium, 


No.  230J  FEUDALISM  385 

which  are  about  the  same.  A  libellum  was  a  piece  of  land  held  by  one 
person  from  another  for  a  term  of  years,  for  life,  or  with  the  right 
of  inheritance,  for  a  fixed  rent,  the  libellus  being  the  charter  or 
grant.  Libellum,  precarium,  usufruct,  and  emphyteusis,  are  forms 
of  land-holding  known  to  the  later  Roman  law,  and  differing  one 
from  the  other  only  very  slightly. 


THE  FEUDAL  LAW  OF  FREDERICK  I  FOR  ITALY,  1158. 

Ragewin,  Gesta,  IV,  ch.  10;'  M.  G.  LL.  folio,  II,  pp.  113  f;  Doeberl,  IV,  no.  37  c. 

Frederick,  by  the  grace  of  God  emperor  of  the  Komans, 
Augustus,  to  all  the  faithful  subjects  of  our  empire.  .  .  . 

At  the  diet  of  Roncaglia,  where  we  held  a  court  of  justice, 
as  was  the  custom  of  our  ancestors,  the  princes  of  Italy,  the 
rulers  of  the  church,  and  other  faithful  subjects  made  com- 
plaint that  their'  vassals  were  in  the  habit  of  pawning  or 
selling  the  fiefs  and  benefices  which  they  held  of  them  with- 
out their  consent.  Thereby  the  princes  were  deprived  of  the 
services  due  them  from  these  fiefs  and  the  dignity  and  the 
revenues  of  the  empire  were  diminished.  Having  taken  coun- 
sel with  the  bishops,  dukes,  margraves,  counts,  palatines, 
and  other  nobles,  we  therefore  decree  by  this  edict  that  no 
one  henceforth  shall  sell  or  pawn  or  devise  by  will  or  in  any 
way  dispose  of  his  fief  or  any  part  of  it  without  the  consent 
of  the  lord  from  whom  he  holds  it.  The  emperor  Lothar 
commanded  under  similar  circumstances  that  such  things 
should  not  be  done  in  the  future  ;  we,  however,  hereby  declare 
void  not  only  future  alienations  of  this  sort,  but  also  all 
illegal  alienations  that  have  already  been  made;  the  pur- 
chaser of  the  fief  in  such  cases  shall  have  an  action  at  law 
against  the  seller  for  the  recovery  of  the  price,  without 
regard  to  the  length  of  time  that  has  elapsed  since  the 
transaction.  And  as  some  resort  to  fraudulent  sales  and 
transfers  under  the  form  of  free  investiture  after  receiving 
the  purchase  price,  we  declare  that  such  fictitious  sales  are 
void  and  condemn  both  seller  and  purchaser  to  the  loss  of 
the  fief,  which  shall  revert  to  the  lord.  Any  lawyer  who 


386    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

draws  up  such  a  contract  knowingly  shall  be  deprived  of  his 
office  and  lose  his  hand  and  be  stigmatized  with  infamy.  If 
any  person  over  fourteen  years  of  age,  who  has  inherited  a 
fief,  fails  through  his  own  negligence  to  seek  investiture  for 
it  from  his  lord  within  a  year  and  a  day,  he  shall  lose  the 
fief  and  it  shall  revert  to  the  lord.  If  any  vassal  refuses  to 
obey  the  summons  of  his  lord  to  accompany  him  on  an 
imperial  expedition,  or  fails  to  come  at  the  time  set,  or  to 
send  a  suitable  person  in  his  place  or  to  give  half  the  revenue 
of  the  fief  [as  compensation  for  his  service],  he  shall  lose 
the  fief  and  it  shall  revert  to  the  lord.1 

Duchies,  marks,  and  counties  may  not  be  divided.2  Any 
other  fief  may  be  divided  if  the  co-heirs  desire,  but  on  the 
following  conditions :  Everyone  who  holds  a  part  of  the  fief 
shall  swear  fidelity  to  the  overlord ;  no  vassal  shall  have  more 
than  one  lord  for  one  fief;  and  the  lord  shall  not  transfer 
the  fief  to  another  lord  without  the  consent  of  the  vassal. 
Vassals  shall  be  responsible  to  the  lord  for  the  conduct  of 
their  sons ;  if  the  son  of  a  vassal  offends  the  lord,  the  father, 
on  pain  of  losing  his  fief,  shall  compel  him  either  to  make 
satisfaction  to  the  lord  for  his  fault  or  to  leave  his  house- 
hold. If  the  son  refuses  to  obey,  he  shall  not  be  allowed  to 
inherit  the  fief  on  his  father's  death  unless  he  has  made 
satisfaction.  Vassals  shall  in  a  similar  manner  be  responsi- 
ble to  their  lord  for  the  conduct  of  their  vassals,  and  all 
their  dependents. 

In  case  of  a  controversy  between  two  vassals  of  the  same 
lord  in  regard  to  a  fief,  the  matter  shall  be  tried  and  decided 
by  the  lord.  In  case  of  a  controversy  between  a  vassal  and 
his  lord,  it  shall  be  decided  by  a  court  of  peers  of  the  vassal, 
sworn  on  their  oath  of  fidelity  to  do  justice  in  the  case. 

We  also  decree  that  in  every  oath  of  fidelity  the  fidelity  to 
the  emperor  shall  be  excepted  by  name. 

i  Notice  the  attempt  of  the  king  to  enforce  his  authority  in  mili- 
tary matters  over  the  vassals  of  his  vassals.  In  strict  feudal  law 


No.  230]  FEUDALISM  387 

the  rear-vassal  was  responsible  only  to  his  immediate  lord  for  the 
fulfillment  of  his  duties,  but  the  king  generally  claimed  authority 
over  them  in  matters  in  which  the  welfare  of  the  state  was  con- 
cerned, as  in  the  matter  of  military  service  in  public  wars. 

2  In  Germany  the  great  lords  retained  for  a  long  time  in  theory 
their  character  of  public  officials  and  their  fiefs  were  regarded  as 
administrative  districts  of  the  state.  Hence  the  idea  that  they  were 
indivisible,  a  character  which  still  adhered  to  the  lands  of  the 
electoral  princes  in  later  times  (see  no.  160,  Golden  Bull,  ch.  XX). 


VII.  COURTS,  JUDICIAL  PROCESSES,  AND 
THE  PEACE 

IT  is  not  our  purpose  to  give  a  complete  account  of  all  the  mediaeval 
courts,  nor  to  show  fully  their  mutual  connection.  Because  of  the 
great  difficulties  of  the  subject  and  the  lack  of  suitable  documents  we 
name  only  the  most  important  courts  and  offer  a  few  passages  to 
illustrate  them.  It  is  not  that  such  documents  are  scarce  that  we 
have  presented  so  few  of  them;  but  they  contain  so  much  that 
would  require  long  explanations  that  they  would  demand  far  more 
space  than  we  felt  could  properly  be  given  to  this  subject.  The 
materials  which  we  offer  illustrate  the  courts  for  the  most  part  after 
1100,  but  they  throw  light  on  those  of  the  earlier  period.  In  many 
other  documents  contained  in  this  book  there  are  references  to 
courts  and  judicial  processes  which  the  student  should  carefully 
observe. 

I.  The  royal  court.  According  to  mediaeval  theory  the  king  was 
the  judge  in  the  whole  realm.  He  had  jurisdiction  over  all  things. 
But  because  he  could  not  be  present  everywhere  and  hear  all  cases, 
he  appointed  men  (dukes,  counts,  etc.)  to  act  as  judges  in  his  place. 
But  they  merely  represented  him.  So  whenever  the  king  in  his 
travels  comes  to  a  place,  he  at  once  replaces  the  local  judge  and  all 
the  machinery  for  the  administration  of  justice.  Since  he  was 
present  in  person,  he  needed  no  one  to  represent  him.  Eventually 
the  great  princes  refused  to  receive  him  into  their  palaces  because 
of  the  heavy  expense  in  entertaining  him  and  his  numerous  retinue, 
so  his  journeys  as  judge  into  their  territories  gradually  ceased. 
In  1220  Frederick  II  agreed  that  he  would  exercise  his  rights  as 
judge  in  the  cities  of  the  bishops  only  during  the  diets  which  he 
should  hold,  in  them  and  a  week  before  and  a  week  after.  (See  no. 
136,  par.  10.)  He  soon  ceased  to  travel  as  judge,  and  after  1250 
acted  as  judge  only  in  and  during  the  diets  which  he  held. 

Since  in  theory  all  judges  and  courts  merely  represented  the  king, 
he  had  the  right  to  call  before  himself  any  case,  no  matter  where  it 
was  pending.  This  was  called  the  jus  evocandi,  the  "right  of 

388 


COURTS  389 

calling."  Rudolph  of  Hapsburg  and  his  successors  granted  both 
princes  and  cities  exemption  from  this.  In  the  Golden  Bull  (no.  160, 
chs.  VIII  and  XI )  Charles  IV  renounced  all  right  to  call  any  of  the 
subjects  of  the  electoral  princes  before  his  court.  These  exemptions 
were  gradually  extended  to  all  the  princes,  imperial  cities,  bishops, 
and  other  territorial  lords,  until  in  1487  the  crown  completely  lost 
its  jus  evocandi.. 

In  the  same  way  everyone  had  the  right  to  appeal  to  the  king, 
against  the  decision  of  any  court.  But  in  time  the  king  surrendered 
this  also  in  the  same  way  to  the  electoral  princes  and  agreed  never 
to  receive  appeals  from  any  of  their  subjects.  See  no.  160. 

Frederick  II  found  it  impossible  to  attend  to  all  the  business  of 
the  royal  court,  and  so  in  1235  appointed  a  justiciar  to  'represent 
him  in  all  minor  cases.  See  no.  232,  par.  28.  He  also  made  pro- 
vision for  keeping  complete  records  of  the  imperial  court,  and 
appointed  a  court  secretary  and  put  him  under  the  control  of  the 
justiciar.  See  no.  232,  par.  29. 

II.  The    county    courts.      The   county   was    composed    of   several 
districts  called   hundreds.     Each  hundred  had   its  court,  which  was 
always  held  in  the  same  place.     The  count  received  his  authority  as 
judge  from  the  king,  and  with  it  the  right  to  inflict  the  king's  ban  or 
fine  of  sixty  shillings.     The  count  went  about  from  one  court  place 
to  another,  holding  three  courts  a  year  in  each  place.     This  regular 
court  was  in  session  three  days.     If  the  business  of  the  court  could 
not  be  attended  to  in  these  three  days,  the  count  announced  another 
court  to  be  held  a  few  weeks  later.    All  the  freemen  of  the  hundred 
in  which  the  court  was  held  were  bound  to  be  present  at  it.    The 
courts  of  the  count  were  called  the  greater  courts    (judicia  majora) 
and   had  jurisdiction  over   property,   criminal   actions   of   a   serious 
character,  and  suits  to  recover  serfs.     The  lower  or  hundred  courts 
(judicia  minora,  see  nos.  139,  §7;  no.  231,  I,  58)   had  jurisdiction 
over  cases  involving  debts,  chattels,  and  trespass.    These  lower  courts 
were  presided  over  by  judges  of  inferior  rank  called  Schultheissen, 
Oografen,   or    hundred-counts,    who   were    either   appointed    by    the 
count  or  elected  by  the  people.     They  merely  represented  the  count, 
and  could  not  inflict  the  king's  ban. 

The  counts  were  at  first  regarded  as  officials  of  the  king,  but  under 
the  influence  of  feudalism  they  became  vassals  and  received  their 
judgeships  as  fiefs. 

III.  Courts  on  the  royal  domain.     All  who  lived  on  the  crown 
lands,  or  royal  domain,  as  they  were  called,  were  exempt  from  the 
county  courts.     The  king  appointed  an  official  to  administer  justice 


390    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

to  them.  He  was  called  an  advocate  and  his  office  an  advocacy.  His 
position  was  similar  to  that  of  the  count  in  the  county  courts.  He 
presided  over  the  judicia  majora,  and  appointed  Schultheissen  to 
preside  over  the  judicia  minora. 

IV.  Courts  on  the  lands  of  bishops  and  abbots.     All  those  who 
lived  on  the  lands  of  bishops  and  abbots  who  held  directly  from  the 
king,  were  also  exempt  from'  the  county  courts.     They  were  under 
the  jurisdiction  of  the  bishop  or  abbot,  who  appointed  an  advocate 
to  preside  over  the  higher  courts,  and  Schultheissen  to  preside  over 
the  lower.    These  courts  were  quite  like  those  on  the  royal  domain. 

V.  The  sovereign  courts  of  the  princes.     The  dukes  received  the:r 
jurisdiction  with  their  fiefs,  and  in  theory  their  courts  did  not  differ 
from   those  of  the  counts.     But  they  had  a  different  development. 
For  the  dukes  steadily  developed  toward  sovereignty  in  their  terri- 
tories, and  in  1231  many  of  them  got  complete  exemption  from  the 
royal  jurisdiction    (see  no.   139). 

The  duke  of  Austria  was  the  first  one  to  secure  such  complete 
exemption  (1156)  ;  see  no.  110.  The  Golden  Bull  (chaps.  VIII  and 
XI)  shows  that  all  the  electors  had  acquired  complete  exemption 
and  were  sovereigns  in  their  territories  in  the  administration  of 
justice. 

VI.  The  courts  of  great  landholders.     Every   great   landholder, 
having  a  large  number  of  vassals,  held  a  court  for  the  trial  of  all 
questions  which  arose  between  him   and  his  vassals,  or  among  hia 
vassals.      Since   he   also   had    jurisdiction   over   all   the   tenants   and 
serfs  on  his  lands,  he  of  course  held  courts   for  them,  which  were 
similar  to  those  described  in  III  and  IV.    They  are  very  similar  also 
to  the  manorial  courts  in  England. 

VII.  For  the  courts  of  the  ministerials  see  nos.  297,  231,  III,  42, 

VIII.  Ecclesiastical  courts.    There  were  also  ecclesiastical  courts 
which   were   presided   over   by    clergymen,   such   as    bishops,    abbots, 
cathedral    provosts,    archbishops,   etc.      They   tried   all    cases   which 
involved  offenses  against  the  laws  of  the  church. 

IX.  As  the  cities  secured  the   right  to  govern  themselves,  they 
also  in  many  cases  got  jurisdiction  over  themselves.     In  the  docu- 
ments in  section  X  there  are  many  references  to  courts  and  judicial 
processes  in  the  cities.    From  the  explanations  given  here  the  student 
will  be  able  to  understand  at  least  their  chief  features. 

X.  Arbitration.     Since  the  courts  and  the  machinery  for  admin- 
istering justice  proved  to  be  inefficient,  it  became  common,  especially 
among  the  cities,  to  create  a  commission  of  arbitration  to  settle  all 
quarrels  in  a  peaceable  manner.     See  no.  319. 


No.  231]  COURTS  391 

In  German  courts  the  judge  was  really  only  the  presiding  officer. 
The  decision  was  rendered  by  the  people  who  were  present  or  by 
the  Schoeffen.  Generally  some  particular  person  had  the  right  to 
propose  the  verdict  (cf.  no.  297,  §  5).  At  the  proper  time  the  judge 
asked  him  what  decision  he  wished  to  propose.  Then  the  others 
present  might  agree  with  the  proposed  verdict  or  offer  another  in  its 
stead. 

In  cases  where  there  were  no  witnesses  the  accused  was  compelled 
to  bring  one  or  more  of  his  relatives,  friends,  or  neighbors,  who  swore 
that  they  believed  that  he  was  telling  the  truth.  They  were  called 
his  compurgators. 

Schoeffe,  pi.  Schoeffen,  were  the  permanent  judges  of  the  hundred 
court.  They  were  instituted  by  Karl  the  Great  to  take  the  place 
of  the  temporary  rachinburgii  of  the  Salic  law  (see  no.  4,  title  L, 
note  5 ) .  There  were  generally  twelve  of  them  in  each  county,  and 
seven  must  be  present  before  a  court  could  be  legally  opened.  They 
gave  the  decision  in  certain  courts,  and  in  so  far  they  may  be  com- 
pared to  our  modern  jury.  They  held  their  office  for  life.  In  the 
German  cities  the  board  of  Schoeffen  played  a  very  important  part 
in  the  administration  of  justice. 

Schoeffen  free,  or  Schoeffenbar  free,  were  all  the  free-born.  They 
were  eligible  for  the  office  of  Schoeffe. 

The  Pfleghaften  were  the  free  peasants  who  owned  lands  but  be- 
cause they  did  not  render  military  service  were  compelled  to  pay  an 
army  tax.  The  payment  of  this  tax  was  regarded  as  an  evidence 
that  they  were  not  completely  free,  and  hence  their  position  was 
lower  than  that  of  the  freemen  who  rendered  military  service  for 
their  lands. 

The  Landsassen  were,  like  the  leti  (see  no.  4,  title  L,  note  1), 
essentially  serfs,  attached  to  the  soil,  and  paying  fixed  rent  and 
services. 

The  Bauermeister  was  at  the  head  of  the  peasants  of  a  village  or 
district  and  acted  as  judge  in  certain  cases  when  no  other  judge  was 
at  hand. 

231.     SACHSENSPIEGEL. 

Following  the  revival  in  the  study  of  the  Roman  law  and  the 
connection  of  Germany  with  Italy  under  the  Staufer,  Roman  law 
was  being  introduced  into  Germany,  where  it  naturally  tended  to 
replace  the  customary  law,  which  was  for  the  most  part  unwritten. 
The  desire  of  the  Saxons  to  preserve  their  own  law  and  to  prevent  the 
uncertainty  that  would  necessarily  soon  arise  in  it  led  them  to 


392    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

attempt  to  codify  it.  Eike  von  Repkau,  a  nobleman,  undertook  the 
task  of  reducing  their  customs  to  writing.  He  called  his  book  or 
code,  which  was  written  between  1215  and  1276,  the  Sachsenspiegel, 
that  is,  the  mirror  in  which  the  Saxon  law  is  seen. 

I,  2.  Every  Christian  man  who  has  attained  his  majority 
is  bound  to  attend  the  ecclesiastical  court  in  the  bishopric  in 
which  he  lives  three  times  a  year.  Three  classes  of  people 
are  exempt  from  this:  The  Schoeffenbar  free  shall  attend 
the  court  of  the  bishop;  the  Pfleghaften  shall  attend  the 
court  of  the  prcepositus  of  the  cathedral,  and  the  Landsassen 
shall  attend  the  court  of  the  archpriests. 

They  shall  also  all  attend  the  civil  courts.  The  Schoeffen- 
bar free  shall  attend  the  burggrave's  court  [also  called  the 
advocate's  court]  every  eighteen  weeks.  In  it  judgment  is 
given  under  the  king's  ban.  If  a  court  is  called  to  meet 
after  the  close  of  the  regular  court,  all  the  Pfleghaften  shall 
attend  it  to  try  all  cases  involving  misdeeds.  This  attend- 
ance is  all  that  the  judge  may  require  from  them. 

The  Pfleghaften  shall  attend  the  court  of  the  Schultheiss 
which  is  held  every  six  weeks,  to  try  cases  concerning  their 
possessions. 

The  Landsassen  who  have  no  property  shall  attend  the 
court  of  the  Gograf  which  is  held  every  six  weeks.  In  the 
courts  of  the  Gograf  and  of  the  burggrave  the  Bauermeister 
shall  make  complaint  of  all  whose  duty  it  is  to  attend  the 
court  but  do  not  do  so.  And  he  shall  ask  an  investigation 
about  all  cases  which  involve  bloody  wounds,  abusive  speech, 
the  drawing  of  swords  in  a  threatening  manner,  and  all 
kinds  of  misdeeds,  provided  no  suit  has  been  entered  about 
them.  - 

I,  53.  If  anyone  does  not  attend  court  when  it  is  called, 
or  fails  to  prove  his  case  when  he  has  brought  suit,  or  chal- 
lenges a  man  and  is  defeated,  or  does  not  come  promptly  to 
court,  or  disturbs  the  court  by  word  or  deed,  or  fails  to  pay 
a  debt  when  the  court  has  given  judgment  against  him,  he 


No.  231]  COURTS  393 

shall  pay  the  judge  his  fine.  In  every  case  in  which  one 
party  secures  "damages"  from  another,  the  convicted  party 
must  also  pay  the  judge  his  fine.  And  even  in  many  cases 
in  which  no  damage  is  involved,  the  judge  may  assess  his 
fine.  .  .  . 

No  one  is  fined  twice  for  the  same  offence,  unless  he  breaks 
the  peace  on  a  holy  day.  In  that  case  he  pays  two  fines,  one 
to  the  ecclesiastical  court  and  one  to  the  civil  court,  and  he 
pays  damages  besides  to  him  whom  he  has  injured. 

I,  58.     If  the  people  choose  a  Gograf  for  a  long  period,  the 
count  or   the   margrave   shall   invest  him   with   his   office. 
.     .     .     When   the   count   comes    into   the   district    of   the 
Gograf,  the  latter  loses  all  his  authority  and  cannot  hold 
court  [because  his  superior,  whom  he  merely  represents,  is 
present].     In  the  same  way  when  the  king  comes  into  the 
territory  which  is  under  the  jurisdiction  of  the  count,  the 
count  loses  all  his  authority  and  cannot  hold  court.     And 
this  is  true  of  all  courts.     In  the  presence  of  the  king  all  other 
judges  lose  their  authority  and  the  king  must  try  all  cases. 
A  count  is  the  same  as  a  judge,  according  to  old  German 
ideas. 

II,  3.     If  a  man  is  challenged  to  a  duel  who  was  not 
warned  of  it  before  he  came  to  court,  he  shall  have  time, 
according   to   his    rank,   to   prepare   himself   for   it.      The 
Schoeffenbar  free  shall  have  six  weeks,  other  freemen  and 
ministerials  fifteen  days.     But  for  all  other  things  that  are 
laid  to  a  man's  charge  he  shall  answer  at  once,  and  either 
admit  or  deny  his  guilt. 

II,  12.  No  man  may  render  a  decision  in  a  case  to  which 
his  lord,  his  vassal,  or  his  friend  is  a  party,  if  it  involves 
their  life  or  honor.  Schoeffenbar  free  men  may  render  deci- 
sions in  all  cases,  but  no  one  may  render  decisions  in 
their  cases  unless  he  is  of  the  same  rank  as  they. 
If  a  man  objects  to  a  decision  after  it  is  rendered,  he  may 
appeal  to  the  higher  judge  and  then  to  the  king.  In  case  an 


394    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

appeal  is  made,  the  judge  shall  send  his  messengers  who 
understand  the  case  to  the  king.  The  messengers  shall  be 
freemen,  and  the  judge  shall  pay  all  their  expenses  while  on 
the  journey.  They  shall  have  enough  bread  and  beer,  and 
three  dishes  for  dinner  and  a  cup  of  wine.  Their  servants 
shall  have  two  dishes.  He  shall  give  five  sheaves  for  each 
horse  every  day,  and  shoes  for  their  forefeet.  As  soon  as 
they  learn  that  the  king  is  in  Saxony  they  shall  go  to  him 
and  bring  back  his  decision  within  six  weeks. 

If  the  man  who  made  the  appeal  loses  it,  he  shall  pay 
the  judge  his  fine,  and  all  the  expenses  of  his  messengers  to 
the  king,  and  damages  to  the  man  against  whose  decision  he 
appealed.  .  .  . 

If  a  judge  asks  a  man  to  render  a  decision,  and  the  man  is 
in  doubt  and  cannot  make  up  his  mind  about  it,  he  may 
refuse  to  give  a  decision,  and  the  judge  shall  ask  someone 
else  for  a  decision.  ...  If  a  man  proposes  a  decision 
and  someone  who  is  present  objects  to  it  and  proposes  anoth- 
er, the  judge  shall  accept  that  decision  which  receives  a  ma- 
jority of  the  votes  of  those  present. 

II,  13.  A  thief  shall  be  hung.  If  a  theft  takes  place  by 
day  in  a  villa  [village]  and  the  object  stolen  is  worth  less 
than  three  shillings,  the  Bauermeister  may  pass  judgment  on 
the  thief  the  same  day.  He  may  punish  him  in  his  hair  and 
skin,1  or  fine  him  three  shillings.  This  is  the  highest  sum 
for  which  the  Bauermeister  may  try  [i.e.,  not  more  than 
three  shillings].  But  he  cannot  try  the  case  the  next  day. 
But  in  cases  involving  money,  or  movable  goods,  or  false 
weights  and  measures,  and  cheating  in  the  sale  of  victuals, 
he  may  assess  higher  fines.  Murderers,  and  all  who  steal 
horses  from  the  plow,  or  grain  from  the  mill,  or  rob  churches 
or  cemeteries,  and  all  who  are  guilty  of  treason,  or  arson,  or 
who  make  gain  out  of  information  entrusted  to  them  by 
their  lord,  shall  be  broken  on  the  wheel. 

If  anyone  beats,  seizes,  or  robs  another,  or  burns  his  house, 


No.  231]  COURTS  395 

or  does  violence  to  a  woman,  or  breaks  the  peace,  or  is  taken 
in  adultery,  he  shall  have  his  head  cut  off.  Whoever  conceals 
a  thief  or  stolen  property  or  aids  a  thief  in  any  way,  shall 
be  punished  as  a  thief.  Heretics,  witches,  and  poisoners  shall 
be  burnt. 

If  a  judge  refuses  to  punish  a  crime,  he  shall  be  punished 
as  if  guilty  of  it  himself.  No  one  is  bound  to  attend  his 
court  or  submit  to  his  judgment  if  he  has  refused  to  grant 
him  justice. 

II,  27.  If  a  man  refuses  to  pay  bridge  or  ferry  toll,  he 
shall  be  made  to  pay  it  fourfold.  If  he  refuses  to  pay  toll  on 
the  frontier,  he  shall  be  fined  thirty  shillings.  This  is  the 
toll  for  ferries :  For  coming  and  going,  four  foot-passengers 
shall  pay  a  penny;  a  man  on  horseback,  a  half-penny;  a 
loaded  wagon,  four  pence.  The  toll  for  bridges  is  half  this. 
No  toll  shall  be  collected  from  anyone  except  at  bridges  and 
ferries.  .  .  .  An  empty  wagon  pays  half  as  much  as  a 
loaded  one.  ...  If  anyone  leaves  the  road  and  drives 
over  cultivated  land  he  shall  pay  a  penny  for  each  one  of 
his  wheels  and  make  good  the  damage  he  has  done.  If  on 
horseback,  he  shall  pay  half  a  penny  besides  the  damage. 

II,  28.     If  anyone  cuts  another's  wood,  or  mows  his  grass, 
or  fishes  in  his  streams,  he  shall  pay  a  fine  of  three  shillings 
and  make  good  the  damage  besides.    If  he  fishes  in  another's 
fish-pond,  or  cuts  down  trees  which  have  been  planted,  or 
fruit-trees,  or  if  he  takes  the  fruit  from  a  tree,  or  cuts  down 
trees  which  mark  boundaries,  or  removes  stones  which  have 
been  set  up  to  mark  boundaries,  he  shall  pay  a  fine  of  thirty 
shillings.     .     .     .     Whoever  by  night  steals  wood  that  has 
been  cut,  or  grass  that  has  been  mown,  shall  be  hung.    If  he 
steals  them  by  day,  he  shall  be  punished  in  his  "hair  and 
skin."     A  fisherman  may  use  the  bank  as  far  as  he  can  step 
from  his  boat. 

III,  26.     The  king  is  the  common  judge  everywhere.    The 
Schoeffenbar  free  man  cannot  be  called  before   a  foreign 


396    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

court  to  fight  a  duel.  But  he  must  answer  in  the  court  in 
whose  jurisdiction  he  is. 

Ill,  33.  Every  man  has  the  right  to  be  tried  before  the 
king.  And  every  man  must  respond  if  suit  is  brought 
against  him  before  the  king.  .  .  . 

Ill,  42.  Do  not  be  surprised  that  I  have  said  nothing 
about  the  law  of  the  ministerials.  It  is  so  varied  that  no  one 
could  ever  come  to  the  end  of  it.  For  under  every  bishop, 
abbot,  and  abbess,  there  are  ministerials  who  have  their 
special  code  of  laws,  and  so  I  cannot  set  them  all  down 
here. 

Ill,  52.  The  king  is  elected  as  judge  in  all  cases  con- 
cerning property,  fiefs,  and  life.  But  he  cannot  be  every- 
where, nor  judge  all  cases,  and  so  he  gives  Fahnlehen  [flag- 
fiefs]  to  the  princes  [i.e.,  with  jurisdiction  over  them],  and 
counties  to  counts  with  the  power  to  appoint  Schultheissen, 
so  that  they  can  act  as  judges  in  the  king's  stead. 

Ill,  53.  For  every  case  a  judge  receives  a  fine  but  not 
damages.  For  no  one  receives  damages  but  the  man  who 
brings  the  suit.  And  the  judge  cannot  be  both  judge  and  a 
party  to  the  suit. 

Ill,  55.  No  one  but  the  king  can  act  as  judge  over  the 
princes. 

Ill,  60.  The  emperor  enfeoffs  all  ecclesiastical  princes 
with  their  fiefs  using  the  sceptre  as  a  symbol,  and  all  secular 
princes  with  their  Fahnlehen  using  a  flag  as  a  symbol.  A 
Fahnlehen  must  not  be  vacant  a  year  and  a  day.  Wherever 
the  king  is,  the  mint  and  tolls  of  that  place  are  surrendered 
to  him  during  his  stay  there.  And  the  local  court  is  closed 
because  he  is  the  judge  [and  the  local  judge  merely  repre- 
sents him].  While  he  is  present  all  cases  must  be  tried  be- 
fore him.  The  first  time  the  king  comes  into  the  land  [i.e., 
after  his  election],  all  prisoners  must  be  brought  before  him, 
and  he  shall  decide  whether  they  shall  be  set  free  or 
tried. 


No.  231]  COURTS  397 

III,  63.  Constantine  the  Great  gave  pope  Silvester  the 
secular  fine  of  fifty  shillings  in  addition  to  his  ecclesiastical 
authority,  in  order  that  he  might  use  both  secular  and 
ecclesiastical  means  to  compel  people  to  obey  and  do  right. 
So  the  two  courts,  the  ecclesiastical  and  the  secular,  should 
aid  each  other,  and  each  should  punish  all  who  resist  the 
other.  .  .  . 

Ill,  64.  If  the  king  summons  the  princes  to  render  mili- 
tary service  to  the  empire,  or  to  come  to  a  diet,  and  informs 
them  of  it  by  means  of  letters  bearing  his  seal  six  weeks 
before  the  time  set,  they  must  obey  and  go  to  the  king  if  he 
is  in  Germany.  If  they  do  not  go,  they  shall  pay  a  fine.  The 
princes  who  have  Fahnlehen  pay  100  pounds.  All  others  pay 
twelve  pounds.  A  nobleman  who  does  not  come  pays  his 
duke  ten  pounds.  .  .  .  Those  who  are  under  a  count  or 
imperial  advocate  pay  him  sixty  shillings,  if  he  has  the 
king's  ban.  No  one  but  the  king  can  grant  the  king's 
ban. 

Ill,  69.  In  courts  where  the  judge  may  inflict  the  king's 
ban,  neither  the  judge  nor  the  Schoeffen  shall  wear  caps  or 
hats  or  any  covering  on  the  head,  or  gloves.  But  they  may 
wear  mantles  on  their  shoulders.  They  shall  not  carry 
weapons  [in  court].  They  shall  fast  until  they  pass  judg- 
ment on  every  man,  whether  he  is  a  German  or  Wend.  No 
one  except  them  shall  pass  judgment.  They  shall  sit  while 
passing  judgment. 

Ill,  70.  In  courts  where  the  judge  has  no  authority  to 
inflict  the  king's  ban,  any  man  may  give  the  decision,  or  be 
a  witness.  .  .  . 

-  i  Punishment  in  the  "hair  and  skin"  was  especially  cruel.  The 
guilty  one  was  flogged  and  his  hair  was  wound  about  a  stick  which 
was  then  turned  around  and  around  until  the  hair  was  all  pulled  out. 
For  some  offences  the  hair  was  closely  cut  instead  of  being  pulled 
out,  which  was,  of  course,  much  more  humane.  Long  hair  was  worn 
by  freemen  as  a  mark  of  their  rank. 


398    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

232.  FREDERIC  II  APPOINTS  A  JUSTICIAR  AND  A  COURT 
SECRETARY,  1235.  FROM  THE  PEACE  OF  THE  LAND  WHICH 
WAS  PROCLAIMED  AT  MAINZ,  1235. 

Altmann  und  Bernheim,  no.  103. 

(28)  .      .      .     We  wish  that  all  cases  over  which  we 
cannot  preside  in  person  shall  be  tried  by  a  man  of  approved 
character  and  good  reputation,  who  shall  be  placed  over  the 
courts  in  our  stead.      And  except  in  those  cases  which  we 
reserve  for  our  decision  his  judgment  shall  be  final.     We 
decree  therefore  that  our  court  shall  have  as  justiciar  a  free 
man,  and  he  shall  hold  the  office  at  least  a  year  if  he  judges 
justly.      He  shall  preside  over  the  court  every  day  except 
on  Sundays  and  other  holy  days,  and  he  shall  administer 
justice  to  all  litigants  except  to  the  princes  and  to   other 
high  persons   in   cases   which   touch   their   persons,    rights, 
honor,  fiefs,  possessions,  and  inheritances,  and  the  most  im- 
portant cases.     All  such  cases  we  reserve  for  our  judgment. 
This  justiciar  shall  not  fix  the  time  for  the  more  important 
cases  which  come  before  him  without  our  special  command. 
He  shall  not  proscribe  the  guilty  nor  release  from  proscrip- 
tion.   This  we  reserve  for  ourselves.    He  shall  take  oath  that 
he  will  not  receive  anything  for  his  decision,  and  that  he  will 
not   be   influenced  by  love,   or  hatred,   or  beseechings,   or 
money,  or  fear,  or  favor,  but  according  to  his  conscience,  in 
good  faith,  without  fraud  or  treachery,  he  will  judge  accord- 
ing to  what  he  knows  or  believes  to  be  right.    We  grant  him 
all  the  fees  which  come  from  the  absolution  of  those  who 
have  been  proscribed,  provided  their  cases  were  tried  before 
him.    We  do  this  that  he  may  be  free  to  judge  as  he  wishes, 
and  may  not  find  it  necessary  to  receive  gifts  from  anyone. 
He  shall  not  remit  the  fine  of  anyone,  in  order  that  men  may 
fear  proscription. 

(29)  He  shall  have  a  special  notary  who  shall  keep  the 
names  of  those  who  are  proscribed,  and  of  those  who  brought 
suit  against  them,  an  account  of  the  case  itself,  and  the  day 


No.  233]  COURTS  399 

on  which  the  proscription  took  place ;  also  the  names  of  those 
who  are  absolved  from  proscription,  and  of  those  who 
brought  suit  against  them,  and  the  day  they  were  freed  from 
proscription;  also  the  names  of  those  who  stand  as  security 
for  them,  and  where  they  live,  and  also  an  account  of  any 
other  security  which  the  man  to  be  absolved  is  required  to 
furnish  for  the  satisfaction  of  the  one  who  brought  suit 
against  him.  All  letters  and  documents  concerning  suits 
shall  be  sent  to  him.  He  shall  devote  all  his  time  to  this,  and 
shall  have  no  other  work  to  do  at  the  imperial  court.  He 
shall  keep  a  list  of  those  who  are  denounced  as  dangerous, 
and  when  anyone  is  freed  from  suspicion,  he  shall  take  his 
name  from  the  list.  ...  He  shall  be  a  layman,  because 
a  clergyman  is  not  permitted  to  write  judgments  which 
involve  the  shedding  of  blood,  and  also  in  order  that  if  he 
does  wrong  in  his  office  he  may  be  punished  properly.  He 
shall  take  an  oath  to  conduct  himself  faithfully  and  legally 
in  his  office.  .  .  . 

233.  WENZEL  CREATES  A  COMMISSION  TO  ARBITRATE  ALL 
DIFFERENCES,  1389.  FROM  THE  PEACE  OF  EGER,  1389. 
(GERMAN.) 

Altmann  und  Bernheim,  no.  107. 

(2)  "We,  king  Wenzel,  have  made  an  agreement  with  the 
electors,  princes,  counts,  lords,  and  the  cities,  and  all  who 
are  parties  to  this  league  of  peace,  in  regard  to  robbery,  mur- 
der, arson,  illegal  seizure  of  persons,  and  quarrels  which  may 
arise  between  those  who  are  party  to  this  peace,  that  a  com- 
mission shall  be  appointed  to  judge  all  cases  of  infraction  of 
the  peace,  and  the  decision  of  this  commission,  or  of  a 
majority  of  it,  shall  be  binding  on  all  concerned.  The 
electors,  princes,  counts,  and  lords  shall  name  four  of  these 
commissioners,  and  the  cities  shall  name  four.  And  we  will 
appoint  a  man  to  be  president  of  this  commission.  If  any 
member  of  this  peace  is  injured  by  anyone,  the  case  shall  be 


400    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

brought  before  the  president  of  the  commission.  "Within  four- 
teen days  he  shall  call  the  commission  to  meet  in  one  of  the 
four  cities,  Wiirzburg,  Neustadt,  Bamberg,  or  Niirnberg,  as 
seems  best  to  him.  And  the  decision  of  this  commission,  or  a 
majority  of  it,  shall  be  binding,  and  they  may  call  on  the 
nearest  lords,  cities,  officials,  and  judges,  to  aid  them  against 
the  one  who  has  broken  the  peace  and  inflicted  the  damage. 
And  they  shall  be  bound  to  aid  them  until  the  damage  has,  in 
the  judgment  of  the  commission,  been  made  good. 

(5)  These  nine  men  who  form  the  commission  shall  swear 
on  the  holy  relics  that  they  will  faithfully  act  as  judges  for 
rich  and  poor  alike. 

(10)  If  a  war  or  quarrel  arises  between  the  lords  and  the 
cities  who  are  in  this  peace,  it  shall  be  reported  to  the  presi- 
dent and  members  of  the  commission.  And  both  parties  shall 
submit  to  the  decision  which  the  commission,  or  a  majority  of 
it,  shall  render  in  the  case.  If  anyone  refuses  to  submit  to 
their  decision,  all  the  members  of  this  league  of  peace  shall 
aid  the  commission  in  enforcing  it. 

234-239.     ORDEALS  OR  JUDGMENTS  or  GOD. 

M.  G.  LL.  4to,  V,  pp.  599  ff.  Ordines  judiciorum  Dei. 

The  appeal  to  the  judgment  of  God  in  legal  cases  was  an  old 
Germanic  practice.  There  is  evidence  that  the  settlement  of  cases 
by  lot,  and  by  judicial  combat  or  duel,  was  common  in  the  earliest 
times.  In  the  Salic  and  other  laws  there  are  references  to  the  ordeal 
by  hot  water,  etc.  After  the  introduction  of  Christianity  and  the 
growth  of  the  influence  of  the  priest,  the  various  ordeals  were  con- 
ducted by  the  church.  The  casting  of  lots  and  the  judicial  combat 
were  opposed  by  the  church,  the  one  because  it  was  inseparably 
connected  with  heathen  rites,  and  the  other  because  of  its  violence. 
Accordingly  the  church  introduced  other  forms,  some  of  which  are 
illustrated  here.  The  ordeal  was  ordinarily  resorted  to  when  the 
regular  rules  of  evidence  were  not  satisfied,  as  when  one  party  could 
not  furnish  the  required  number  of  compurgators,  or  was  accused  of 
perjury,  etc.  The  ordeal  might  be  used  either  to  determine  which  of 
two  persons  was  in  the  wrong,  or  to  test  the  guilt  or  innocence  of  a 
single  accused  person.  The  commonest  forms  were :  ( 1 )  The  ordeal 


No.  234]  COURTS  401 

of  the  sacrament,  in  which  the  accused  took  the  sacrament,  the 
expectation  being  that  if  he  were  guilty  the  consequences  would  be 
fatal;  (2)  the  ordeal  of  the  cross,  in  which  the  two  persons  stood 
with  arms  outstretched  in  the  form  of  a  cross,  and  the  one  whose 
arms  fell  first  was  regarded  as  guilty;  (3)  the  ordeal  by  hot  water; 
(4)  the  ordeal  by  hot  iron,  in  which  the  accused  either  carried  a 
piece  of  hot  iron  in  his  hand  a  certain  distance  or  walked  barefoot 
over  pieces  of  hot  iron ;  ( 5 )  the  ordeal  by  cold  water ;  ( 6 )  the  ordeal 
by  the  bread  and  cheese;  (7)  the  ordeal  by  the  suspended  bread,  or 
psalter,  in  which  the  object  suspended  was  expected  to  turn  around 
if  the  accused  person  was  guilty;  (8)  the  judicial  combat,  which  was 
not  favored  by  the  church,  but  which  was  very  commonly  used 
among  the  noble  class. 

234.     ORDEAL  BY  HOT  WATEE. 

Pp.  612  ff. 

(1)  When  men  are  to  be  tried  by  the  ordeal  of  hot 
water,  they  shall  first  be  made  to  come  to  church  in  all 
humility,  and  prostrate  themselves,  while  the  priest  says  these 
prayers : 

First  prayer.     Aid,   0   God,  those  who  seek  thy  mercy, 
and  pardon  those  who  confess  their  sins.     .     .     . 

(2)  After  these  prayers,  the  priest  shall  rise  and  say  the 
mass  before  all  the  men  who  are  to  be  tried,  and  they  shall 
take  part  in  the  mass.     But  before  they  take  the  communion, 
the  priest  shall  adjure  them  in  these  words :  I  adjure  you,  by 
the  Father,  Son,  and  Holy  Spirit,  by  your  Christianity,  by  the 
only  begotten  Son  of  God,  whom  you  believe  to  be  the  Re- 
deemer of  the  world,  by  the  holy  Trinity,  by  the  holy  gospel, 
and  by  the  relics  of  the  saints  which  are  kept  in  this  church, 
that  you  do  not  come  to  the  holy  communion  and  take  of  it,  if 
you  have  done  this  offence,  or  consented  to  it,  or  if  you  know 
who  committed  it,  or  anything  else  about  it. 

(3)  If  they  all  keep  silence  and  no  one  makes  any  con- 
fession, the  priest  shall  go  to  the  altar  and  take  communion, 
and  then  give  it  to  the  men;  but  before  they  take  it  he  shall 
say:  Let  this  body  and  blood  of  our  Lord  Jesus  Christ  be 
today  a  trial  of  your  guilt  or  innocence. 


402    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

(4)  After  the  mass  the  priest  shall  go  to  the  place  where 
the  ordeal  is  to  be  held,  bearing  with  him  the  book  of  the 
gospels  and  a  cross,  and  he  shall  say  a  short  litany.     After 
the  litany  he  shall  exorcise  the  water  before  it  becomes  hot, 
as  follows : 

(5)  I  exorcise  thee,  water,  in  the  name  of  omnipotent 
God,  and  in  the  name  of  Jesus  Christ,  his  Son,  our  Lord, 
that  you  may  become  exorcised  and  freed  from  the  power  of 
the  enemy  and  the  wiles  of  the  devil ;  so  that,  if  this  man  who 
is  about  to  put  his  hand  in  you  is  innocent  of  the  crime  of 
which  he  is  accused,  he  may  escape  all  injury  through  the 
grace  of  omnipotent  God.     If  he  is  guilty  either  in  deed  or 
knowledge  of  the  offence  of  which  he  is  accused,  may  the 
power  of  omnipotent  God  prove  this  upon  him,  so  that  all  men 
may  fear  and  tremble  at  the  name  of  our  Lord  Jesus  Christ, 
who  lives  and  reigns  with  God. 

(6)  Prayer.     Lord  Jesus  Christ,  who  art  a  just  judge, 
strong  and  patient,  plenteous  in  mercy,  by  whom  all  things 
are  made,  God  of  gods,  Lord  of  lords,  who  didst  come  down 
from  the  bosom  of  the  Father  for  us  and  our  salvation,  and 
wast  born  of  the  Virgin  Mary ;  who  by  thy  passion  on  the  cross 
didst  redeem  the  world ;  who  didst  descend  into  hell  and  there 
didst  bind  the  devil  in  the  outer  darkness,  and  free  by  thy 
great  power  the  souls  of  all  the  just  who  suffered  there  for 
the  original  sin;  we  beseech  thee,  0  Lord,  to  send  down  from 
heaven  thy  Holy  Spirit  upon  this  water,  which  is  now  hot  and 
steaming  from  the  fire,  that  through  it  we  may  have  a  just 
judgment  upon  this  man.    0  Lord,  who  didst  turn  the  water 
into  wine  in  Cana  of  Galilee  as  a  sign  of  thy  power,  who  didst 
lead  the  three  children  Meshach,  Shadrach,  and  Abednego, 
through  the   fiery   furnace  without   harm,   who    didst   free 
Susanna  from  the  false  accusation,  who  didst  open  the  eyes 
of  the  man  born  blind,  who  didst  raise  Lazarus  after  four 
days  from  the  tomb,  who  didst  reach  out  thy  hand  to  Peter  as 
he  was  sinking  in  the  sea,  we,  thy  suppliants,  beseech  thee 


No.  234]  COURTS  403 

not  to  have  regard  for  the  errors  in  our  prayer,  but  to  make 
known  to  us  before  all  men  thy  true  and  righteous  judgment ; 
so  that  if  this  man  who  is  accused  of  fornication,  or  theft,  or 
homicide,  or  adultery,  or  any  other  crime,  and  who  is  about 
to  put  his  hand  into  the  hot  water,  is  not  guilty  of  that  crime, 
thou  wilt  so  guard  him  that  no  harm  or  injury  shall  happen  to 
that  hand. 

(7)  Omnipotent  God,  we,  thy  unworthy  and  sinful  ser- 
vants, again  beseech  thee  to  make  manifest  to  us  thy  true  and 
righteous  judgment,  so  that  this  man,  who  is  accused  and 
is  about  to  undergo  the  ordeal,  is  guilty  of  that  crime,  by  act 
or  consent,  because  of  the  instigation  of  the  devil  or  through 
his  own  cupidity  or  pride,  and  expects  to  escape  or  to  circum- 
vent the  ordeal  by  some  trick,  his  guilt  may  be  made  known 
upon  him  by  thy  power,  and  may  be  shown  upon  his  hand,  in 
order  that  he  himself  may  be  brought  to  confession  and  repent- 
ance, and  that  thy  holy  and  righteous  judgment  may  be  made 
manifest  to  all  people. 

(8)  [Another  exorcism  of  the  water.] 

(9)  Then  the  priest  takes  off  the  garments  of  each  of  the 
men  and  clothes  them  in  the  clean  robes  of  an  exorcist  or 
deacon,  makes  them  each  kiss  the  gospel  and  cross  of  Christ, 
and  sprinkles  them  with  holy  water.     Then  he  makes  them 
each  take  a  drink  of  the  holy  water,  saying  to  each  one :  I  give 
you  this  water  as  a  trial  of  your  guilt  or  innocence.     Then 
the  wood  is  placed  under  the  caldron  and  lighted,  and  when 
the  water  begins  to  get  hot  the  priest  says  these  prayers: 

(10)  In  the  name  of  the  holy  Trinity.       God  the  just 
Judge,  etc.     [Similar  to  §  6  above.] 

(11)  Let  us  pray.      God,  who  didst 'free  St.  Susanna  from 
the  false  accusation;  God,  who  didst  rescue  St.  Thecla  from 
the  arena;  God,  who  didst  free  St.  Daniel  from  the  lions' 
den,  and  the  three  children  from  the  fiery  furnace:  free  now 
the  innocent,  and  make  known  the  guilty. 

(12)  The  man  who  is'to  undergo  the  ordeal  shall  say 


404    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

the  Lord's  prayer  and  make  the  sign  of  the  cross;  then  the 
caldron  shall  be  taken  from  the  fire,  and  the  judge  shall  sus- 
pend a  stone  in  the  water  at  the  prescribed  depth  in  the 
regular  manner,  and  the  man  shall  take  the  stone  out  of  the 
water  in  the  name  of  the  Lord.  Then  his  hand  shall  be 
immediately  bound  up  and  sealed  with  the  seal  of  the  judge, 
and  shall  remain  wrapped  up  for  three  days,  when  it  shall 
be  unbound  and  examined  by  suitable  persons. 

235.     ORDEAL  BY  HOT  IKON. 

Pp.  615  f. 

( 1 )  First  the  priest  says  the  prescribed  mass ;  then  he  has 
the  fire  lighted,  and  blesses  the  water  and  sprinkles  it  over 
the  fire,  over  the  spectators,  and  over  the  place  where  the 
ordeal  is  to  be  held;  then  he  says  this  prayer: 

(2)  0  Lord,  our  God,  the  omnipotent  Father,  the  unfail- 
ing Light,  hear  us,  for  thou  art  the  maker  of  all  lights.     Bless, 
0  God,  the  fire  which  we  have  sanctified  and  blessed  in  thy 
name,  thou  who  hast  illumined  the  whole  world,  that  we  may 
receive  from  it  the  light  of  thy  glory.     As  thou  didst  illumine 
Moses  with  the  fire,  so  illumine  our  hearts  and  minds  that  we 
may  win  eternal  life. 

(3)  Then  he  shall  say  the  litany.     .     .     . 

(4)  The  prayers.     .     .     . 

(5)  Then  the  priest  approaches  the  fire  and  blesses  the 
pieces  of  iron,  saying:  0  God,  the  just  judge,  who  art  the 
author  of  peace  and  judgest  with  equity,  we  humbly  beseech 
thee  so  to  bless  this  iron,  which  is  to  be  used  for  the  trial  of 
this  case,  that  if  this  man  is  innocent  of  the  charge  he  may 
take  the  iron  in  his  hand,  or  walk  upon  it,  without  receiving 
harm  or  injury ;  and  if  he  is  guilty  this  may  be  made  manifest 
upon  him  by  thy  righteous  power;  that  iniquity  may  not 
prevail  over  justice,  nor  falsehood  over  truth. 

(6)  0  Lord,  the  holy  Father,  we  beseech  thee   by  the 
invocation  of  thy  most  holy  name,  by  the  advent  of  thy  Son, 


No;  235]  COURTS  405 

our  Lord  Jesus  Christ,  and  by  the  gift  of  the  Holy  Spirit,  the 
Comforter,  to  bless  these  pieces  of  iron  to  the  manifestation 
of  thy  righteous  judgment,  that  they  may  be  so  sanctified  and 
dedicated  that  thy  truth  may  be  made  known  to  thy 
faithful  subjects  in  this  trial.  In  the  name  of  our  Lord 
Jesus  Christ,  etc. 

(7)  Omnipotent  God,  we  humbly  beseech  thee  that  in  the 
trial  which  we  are  about  to  make,  iniquity  may  not  prevail 
over  justice,  nor  falsehood  over  truth.     And  if  anyone  shall 
attempt  to  circumvent  this  trial  by  witchcraft  or  dealing  with 
herbs,  may  it  be  prevented  by  thy  power. 

(8)  May  the  blessing  of  God  the  Father,  Son,  and  Holy 
Spirit  descend  upon  these  pieces  of  iron,  that  the  judgment 
of  God  may  be  manifest  in  them. 

( 9 )  Then  this  psalm  shall  be  said  on  behalf  of  the  accused : 
Hear  my  prayer,  0  Lord,  and  give  ear  unto  my  cry.     .     .     . 

(10)  Prayer:  Hear,  we  beseech  thee,  0  Lord,  the  prayer 
of  thy  suppliants,  and  pardon  those  that  confess  their  sins, 
and  give  us  pardon  and  peace. 

(11)  Then  those  who  are  to  be  tried  shall  be  adjured 
as  follows:  I  adjure  you   (name),  by  omnipotent  God  who 
made  heaven  and  earth,  the  sea,  and  all  that  in  them  is,  by 
Jesus  Christ  his  Son,  who  was  born  and  suffered  for  us,  by 
the  Holy  Spirit,  by  the  holy  Mary,  the  Mother  of  God,  and  by 
all  the  holy  angels,  apostles,  martyrs,  confessors,  and  virgins, 
that  you  do  not  yield  to  the  persuasions  of  the  devil  and  pre- 
sume to  take  the  iron  in  your  hand,  if  you  are  guilty  of  the 
crime  of  which  you  are  accused,  or  if  you  know  the  guilty  per- 
son.    If  you  are  guilty  and  are  rash  enough  to  take  the  test, 
may  you  be  put  to  confusion  and  condemned,  by  the  virtue  of 
our  Lord  Jesus  Christ,  and  by  the  sign  of  his  holy  cross.    But 
if  you  are  innocent  of  the  crime,  in  the  name  of  our  Lord 
Jesus  Christ  and  by  the  sign  of  his  holy  cross,  may  you  have 
faith  to  take  this  iron  in  your  hand;  and  may  God,  the  just 
Judge,  keep  you  from  harm,  even  as  he  saved  the  three  chil- 


406    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

dren  from  the  fiery  furnace  and  freed  Susanna  from  the  false 
accusation;  may  you  go  through  the  ordeal  safe  and  secure, 
and  may  the  power  of  our  Lord  be  made  manifest  in  you 
this  day. 

(12)  Then  he  who  is  about  to  he  tried  shall  say:  In  this 
ordeal  which  I  am  about  to  undergo,  I  put  my  trust  rather 
in  the  power  of  God  the  omnipotent  Father  to  show  his  justice 
and  truth  in  this  trial,  than  in  the  power  of  the  devil  or  of 
witchcraft  to  circumvent  the  justice  and  the  truth  of  God. 

(13)  Then  the  man  who  is  accused  takes  the  sacrament 
and  carries  the  iron  to  the  designated  place.     After  that  the 
deacon  shall  bind  up  his  hand  and  place  the  seal  upon  it.    And 
until  the  hand  is  unwrapped  [i.e.,  at  the  end  of  three  days] 
the  man  should  put  salt  and  holy  water  in  all  his  food  and 
drink. 

236.    ORDEAL  BY  COLD  WATER. 

Pp.  618  f. 

(1)  When  men  are  to  be  put  to  the  ordeal  [of  cold  water], 
the  process  should  be  as  follows :  They  shall  be  brought  to  the 
church,  and  the  priest  shall  say  the  mass  and  the  men  shall 
take  part  in  it.     Before  they  take  the  communion,  the  priest 
shall  adjure  them  thus : 

(2)  I  adjure  you,  men,  by  the  Father,  Son,  and  Holy 
Spirit,  by  your  Christianity,  by  the  only  begotten  Son  of  God, 
by  the  holy  Trinity,  by  the  holy  gospel,  and  by  the  relics  that 
are  kept  in  this  church,  that  you  do  not  presume  to  take  com- 
munion, or  to  come  to  the  altar  if  you  have  committed  this 
crime,  or  have  consented  to  it,  or  if  you  know  the  guilty 
person. 

(3)  If  they  all  keep  silence  and  no  one  confesses,  the 
priest  shall  go  to  the  altar  and  give  them  the  communion. 
Then  he  shall  say  to  them:  May  this  body  and  blood  of  our 
Lord  Jesus  Christ  be  today  a  trial  of  your  guilt  or  inno- 
cence. 


No.  236]  COURTS  407 

(4)  After  the  mass,  the  priest  shall  take  water  that  has 
been  blessed  and  shall  go  to  the  place  of  the  ordeal.     When 
they  come  there  the  priest  shall  give  the  men  this  water  to 
drink,  and  shall  say :  May  this  water  be  a  trial  of  your  guilt 
or  innocence.     Then  he  shall  adjure  the  water  in  which  they 
are  to  be  cast,  and  then  shall  take  off  the  clothes  of  the  men 
and  make  each  one  of  them  kiss  the  holy  gospel  and  the  cross 
of  Christ.     Then  he  shall  sprinkle  each  of  them  with  holy 
water  and  shall  cast  them  one  by  one  into  the  water.     The 
priest  and  those  who  are  to  be  tried  should  have  fasted  before 
the  trial. 

(5)  Adjuration  of  the  man  who  is  to  undergo  the  ordeal : 
I  adjure  you  (name),  by  the  invocation  of  our  Lord  Jesus 
Christ,  and  by  the  ordeal  of  cold  water.     I  adjure  you  by  the 
Father,  Son,  and  Holy  Spirit,  by  the  inseparable  Trinity,  by 
our  Lord  Jesus  Christ,  by  all  the  angels  and  archangels,  by 
the    dreadful   day   of   judgment,    by   the    four    evangelists, 
Matthew,  Mark,  Luke,  and  John,  by  the  twelve  apostles,  by 
the  twelve  prophets,  by  all  the  saints  of  God,  by  the  principali- 
ties and  powers,  by  the  dominions  and  virtues,  by  the  thrones 
of  the  cherubim  and  seraphim,  by  the  three  children,  Meshach, 
Shadrach,  and  Abednego,  by  the  144,000  who  suffered  for  the 
name  of  Christ,  by  the  baptism  in  which  the  priest  gave  you 
the  new  birth,  that  if  you  have  seen  or  known  anything  about 
this  theft,  if  you  have  had  anything  to  do  with  it,  if  you  have 
received  it  in  your  house,  or  consented  to  it,  or  if  your  heart  is 
hardened,  your  heart  may  be  melted,  and  the  water  may  not 
receive  you;  may  witchcraft  not  prevail,  but  may  the  truth 
be  made  manifest.     We  beseech  thee,  our  Lord  Jesus  Christ, 
give  us  a  sign,  so  that  if  this  man  is  guilty,  the  water  may  not 
receive  him ;  do  this  to  thine  honor  and  glory,  by  the  invoca- 
tion of  thy  name,  that  all  may  know  that  thou  art  our  Lord, 
who  livest  and  reignest  with  the  Father  and  the  Holy  Spirit, 
forever  and  ever.     Amen. 

(6)  Prayer  over  the  water.    We  humbly  beseech  thee,  0 


408    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

Lord  Jesus  Christ,  to  give  us  a  sign,  that  if  this  man  is  guilty 
in  any  way  of  the  crime  of  which  he  is  accused  the  water  may 
not  receive  him,  but  he  may  float,  and  not  sink  in  the  water. 
Do  this,  0  Lord  Jesus  Christ,  to  thine  honor  and  glory  by 
the  invocation  of  thy  holy  name,  that  all  may  know  that  thou 
art  the  true  God,  and  that  there  is  no  other  God  beside  thee, 
who  livest  and  reignest  with  God  the  Father  in  unity  with  the 
Holy  Spirit  forever  and  ever.  Amen. 

(7)  Omnipotent  God  has  established  this  ordeal,  and  it  is 
righteous.  Pope  Eugene  has  ordained  that  it  should  be  used 
throughout  the  whole  world  by  all  bishops,  abbots,  counts,  and 
all  Christians,  for  it  is  proved  by  many  to  be  just  and  right- 
eous. Therefore  it  has  been  decreed  by  them  that  no  one  may 
clear  himself  by  placing  his  hand  on  the  altar  or  on  the  relics, 
or  by  swearing  on  the  bodies  of  the  saints. 

237.     ORDEAL  BY  COLD  WATER. 

P.  689. 

The  following  paragraph  is  taken  from  another  ordeal  by  cold 
water  which  is  otherwise  similar  to  the  one  just  given;  it  illustrates 
more  minutely  the  way  in  which  the  accused  was  immersed. 

(6)  On  the  staff  which  is  placed  between  the  arms  of  the 
man  shall  be  written :  Behold  the  cross  of  God,  let  his  adver- 
saries flee.  The  lion  of  the  tribe  of  Judah,  the  root  of  David, 
hath  prevailed  to  make  a  righteous  judgment  +  [sign  of  the 
cross].  May  St.  John  the  Baptist  bless  this  water.  On  it 
shall  also  be  written  the  gospel:  In  the  beginning;  and  the 
benediction:  Lord  God.1 

1  An  illustration,  from  an  old  manuscript  of  one  of  the  collections 
of  forms  for  ordeal,  shows  how  the  person  was  bound  in  this  case. 
The  illustration  represents  the  ordeal  as  taking  place  from  a  boat. 
The  man's  knees  are  shown  drawn  up  to  his  chin;  a  staff  is  under 
the  bend  of  the  knees  and  his  arms  are  passed  under  the  staff.  His 
hands  are  bound  at  the  wrist  with  a  rope  which  is  held  by  other 
persons  in  the  boat.  He  was  probably  drawn  out  by  the  rope  if  he 
sank  in  the  water. 


No.  238]  COURTS  409 

238.     ORDEAL  BY  THE  BARLEY  BREAD. 

P.  691. 

( 1 )  First  the  priest  prepares  himself  with  the  deacon,  and 
then  blesses  the  water;  and  the  deacon  prepares  the  barley 
flour  which  he  mixes  with  the  holy  water  and  bakes,  both  of 
them  saying  during  the  process  the  seven  penitential  psalms, 
the  litany,  and  the  following  prayers  [certain  prayers  follow]. 

(2)  Prayer  over  the  bread.     0  God,  who  didst  reveal  the 
wood  of  the  true  cross  on  Mount  Calvary,  where  Christ  was 
betrayed  by  Judas  (for  God  gave  over  his  Son  to  be  betrayed 
by  Judas),  reveal  to  us  by  the  judgment  of  the  barley  bread 
whatever  we  ask  in  thy  name. 

(3)  After  the  bread  is  baked  the  priest  shall  take  it  and 
place  it  behind  the  altar  and  shall  say  the  mass  for  that  day. 
After  the  mass  he  shall  mark  the  bread  with  the  sign  of  the 
cross,  and  shall  place  an  iron  rod  in  the  centre  of  the  cross, 
with  a  hook  at  the  top  to  suspend  it  by.     The  priest  shall  keep 
this  bread  by  him  and  use  it  until  it  spoils.     When  anyone  is 
accused  of  theft,  or  fornication,  or  homicide,  and  is  brought 
before  the  priest,  the  priest  shall  take  the  bread  and  give  it  to 
two  Christian  men,  and  they  shall  hang  it  by  the  hook  between 
them,  and  the  priest  shall  say  the  following  adjuration.     And 
if  the  man  is  guilty,  the  bread  will  revolve  around;  if  he  is 
not  guilty,  the  bread  will  not  move  at  all. 

(4)  Adjuration  over  the  barley  bread.       I  adjure  thee, 
barley  bread,  by  God  the  omnipotent  Father,  etc.,  that  if 
this  man  or  woman  has  committed,  consented  to,  or  had 
any  part  in  this  crime,  thou  shalt  turn  around  in  a  circle; 
if  he  is  not  guilty,  thou  shalt  not  move  at  all.     I  adjure  thee, 
barley  bread,  by  the  Mother  of  God,  by  the  prophet  Hosea, 
and  the  prophet  Jonah,  who  prophesied  unto  Nineveh,  by 
Lazarus,  whom  God  raised  from  the  dead,  by  the  blind  man, 
to  whom  the  Lord  restored  his  sight,  by  all  the  monks  and 
canons  and  all  laymen,  by  all  women,  and  by  all  the  inhab- 
itants of  heaven  and  earth,  forever  and  ever,  amen. 


410    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 
239.     ORDEAL  BY  BREAD  AND  CHEESE. 

P.  630  f. 

(1)  Lord    God    omnipotent,    holy,    holy,    holy.       Holy 
Father,  the  invisible  and  eternal  God,  maker  of  all  things; 
holy  God,  ruler  of  mortals  and  immortals,  who  dost  see  and 
know  all  things,  who  triest  the  hearts  and  the  reins ;  0  God,  I 
beseech  thee,  hear  the  words  of  my  prayer,  that  this  bread  and 
cheese  may  not  pass  the  jaws  and  the  throat  of  him  who  has 
committed  the  theft. 

(2)  Before  the  mass  is  begun  and  before  the  cheese  is  cut 
with  the  knife,  while  it  is  still  whole,  these  words  should  be 
written  round  about  it :  "His  mischief  shall  return  upon  his 
own  head,  and  his  violent  dealing  shall  come  down  upon  his 
own  pate"  [Ps.  7:16]. 

(3)  Then  bread  and  cheese  to  the  weight  of  nine  denarii 
shall  be  given  to  each  man.     The  bread  shall  be  of  barley  and 
unleavened ;  the  cheese  shall  be  cheese  made  in  the  month  of 
May  of  the  milk  of  ewes.    While  the  mass  is  being  said,  those 
who  are  accused  of  the  theft  shall  be  in  front  of  the  altar,  and 
one  or  more  persons  shall  be  appointed  to  watch  them  that 
they  do  not  contrive  any  trick.     When  the  communion  is 
reached  the  priest  shall  first  take  the  communion  of  the  body 
of  Christ,  and  then  shall  bless  the  bread  and  cheese,  which  has 
been  carefully  weighed  out  as  above,  and  shall  immediately 
give  it  to  the  men.     The  priest  and  the  inspectors  shall  watch 
them  carefully  and  see  that  they  all  swallow  it.     After  they 
have  swallowed  it,  the  corners  of  the  mouth  of  each  shall  be 
pressed  to  see  that  none  of  the  bread  and  cheese  has  been  kept 
in  the  mouth.     Then  the  rest  of  the  mass  shall  be  said. 

240-250.  DOCUMENTS  ON  THE  PEACE  OF  GOD,  THE  TRUCE 
OF  GOD,  AND  THE  PEACE  OF  THE  LAND. 

One  of  the  worst  features  of  the  feudal  age  was  the  prevalence  of 
private  warfare.  This  was  due  to  the  warlike  character  of  the 
feudal  institutions,  to  the  jealous  insistence  of  the  feudal  nobles  on 


No.  240]  COURTS  411 

their  right  to  fight  out  their  own  quarrels  without  appeal  to  law, 
and  to  the  weakness  of  the  king  in  the  feudal  state.  Continuous 
private  war  not  only  meant  violence,  oppression,  and  outrage  for 
the  weaker  members  of  society;  it  also  hindered  or  prevented  any 
advance  in  civilization  for  the  whole  society.  The  first  steps  to 
overcome  this  condition  were  taken  by  the  church,  which  was  usually 
to  be  found  in  that  age  on  the  side  of  peace  and  order.  The  earliest 
form  was  the  peace  of  God,  proclaimed  by  provincial  synods.  Several 
of  these  appeared  at  the  end  of  the  tenth  century.  These  forbade 
all  violence  and  oppression  under  ecclesiastical  penalty,  on  the 
ground  that  they  were  contrary  to  the  spirit  of  Christianity.  The 
peace  of  God  did  not  attain  any  lasting  success,  for  the  turbulent 
nobles  could  not  be  made  to  give  up  fighting  entirely.  Then  the 
church  attempted  to  mitigate  at  least  these  evils,  by  means  of  the 
truce  of  God.  In  the  truce  of  God,  violence  was  forbidden  on  certain 
days  and  during  certain  periods.  In  origin  the  truce  of  God  was 
proclaimed  by  the  clergy  of  a  certain  diocese  or  archdiocese  for 
the  people  of  their  district,  but  later  it  was  sometimes  adopted  by 
the  emperor  or  king  for  the  whole  land.  The  truce  was  to  last  from 
vespers  or  sunset  on  Wednesday  to  sunrise  on  the  following  Monday 
of  every  week,  and  also  for  certain  whole  periods.  It  will  be  seen 
from  the  documents  that  these  days  and  periods  had  a  religious 
significance,  which  is  further  evidence  that  the  church  regarded  the 
keeping  of  the  peace  as  a  religious  rather  than  a  political  duty.  The 
means  of  enforcing  the  truce  were  ecclesiastical  penalties,  penance, 
anathema,  excommunication,  etc.  The  peace  of  the  land  has  a 
different  origin  and  character.  In  the  empire  of  Karl  the  Great,  the 
right  to  enforce  the  keeping  of  the  peace  belonged  to  the  emperor,  and 
in  theory  this  had  never  been  given  up  by  the  later  kings  and 
emperors.  It  was  on  this  right  that  the  emperors  based  their , 
authority  to  proclaim  the  peace  of  the  land.  In  appearance  the 
great  peaces  of  Frederick  I  and  Frederick  II  were  imperial  edicts, 
but  in  fact  they  depended  very  largely  for  their  authority  upon  the 
acceptance  and  agreement  of  the  nobles  ( see  nos.  245,  246 ) .  In 
some  cases  the  peace  of  the  land  was  proclaimed  for  a  province 
(see  no.  246),  in  others  it  was  for  the  whole  empire.  The  peace 
was  usually  proclaimed  for  a  certain  length  of  time.  In  some  cases 
the  form  of  the  truce  of  God  was  preserved  in  the  peace  of  the  land, 
as  in  no.  246.  The  documents  on  the  peace  of  the  land  belong  in  a 
way  under  section  III,  but  it  was  thought  better  to  bring  them  to- 
gether here,  because  they  interrupt  the  general  historical  movement 
of  the  quarrel,  and  because  they  form  a  subject  by  themselves, 


412    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

240.  PEACE   OF   GOD,  PROCLAIMED  IN   THE   SYNOD   OF 
CHARROUX,  989. 

Hubert!,  Gottesfrieden  und  Landfrieden,  I,  p.  35. 

Following  the  example  of  my  predecessors,  I,  Gunbald,  arch- 
bishop of  Bordeaux,  called  together  the  bishops  of  my  diocese 
in  a  synod  at  Charroux,  .  .  .  and  we,  assembled  there 
in  the  name  of  God,  made  the  following  decrees : 

1.  Anathema  against  those  who  break  into  churches.     If 
anyone  breaks  into  or  robs  a  church,  he  shall  be  anathema 
unless  he  makes  satisfaction. 

2.  Anathema  against  those  who  rob  the  poor.     If  anyone 
robs  a  peasant  or  any  other  poor  person  of  a  sheep,  ox,  ass, 
cow,  goat,  or  pig,  he  shall  be  anathema  unless  he  makes  satis- 
faction. 

3.  Anathema  against  those  who  injure  clergymen.      If 
anyone  attacks,  seizes,  or  beats  a  priest,  deacon,  or  any  other 
clergyman,  who  is  not  bearing  arms  (shield,  sword,  coat  of 
mail,  or  helmet),  but  is  going  along  peacefully  or  staying  in 
the  house,  the  sacrilegious  person  shall  be  excommunicated 
and  cut  off  from  the  church,  unless  he  makes  satisfaction,  or 
unless  the  bishop  discovers  that  the  clergyman  brought  it 
upon  himself  by  his  own  fault. 

241.  PEACE  OF  GOD,  PROCLAIMED  BY  GUY  OF  ANJOU, 
BISHOP  OF  PUY,  990. 

Huberti,  Gottesfrieden,  I,  pp.  123  f. 

In  the  name  of  the  divine,  supreme,  and  undivided  Trinity. 
Guy  of  Anjou,  by  the  grace  of  God  bishop  [of  Puy],  greeting 
and  peace  to  all  who  desire  the  mercy  of  God.  Be  it  known 
to  all  the  faithful  subjects  of  God,  that  because  of  the  wicked- 
ness that  daily  increases  among  the  people,  we  have  called 
together  certain  bishops  [names],  and  many  other  bishop?, 
princes,  and  nobles.  And  since  we  know  that  only  the  peace- 
loving  shall  see  the  Lord,  we  urge  all  men,  in  the  name  of  the 
Lord,  to  be  sons  of  peace. 


No.  241]  COURTS  413 

1.  From  this  hour  forth,  no  man  in  the  bishoprics  over 
which  these  bishops  rule,  and  in  these  counties,  shall  break 
into  a  church,     .     .     .     except  that  the  bishop  may  enter  a 
church  to  recover  the  taxes  that  are  due  him  from  it.1 

2.  No  man  in  the  counties  or  bishoprics  shall  seize  a  horse, 
colt,  ox,  cow,  ass,  or  the  burdens  which  it  carries,  or  a  sheep, 
goat,  or  pig,  or  kill  any  of  them,  unless  he  requires  it  for  a 
lawful  expedition.2     On  an  expedition  a  man  may  take  what 
he  needs  to  eat,  but  shall  carry  nothing  home  with  him ;  and 
no  one  shall  take  material  for  fortifying  or  besieging  a  castle 
except  from  his  own  lands  or  subjects. 

3.  Clergymen  shall  not  bear  arms;  no  one  shall  injure 
monks  or  any  unarmed  persons  who  accompany  them ;  except 
that  the  bishop  or  the  archdeacon  may  use  such  means  as  are 
necessary  to  compel  them  to  pay  the  taxes  which  they  owe 
them. 

4.  No  one  shall  seize  a  peasant,  man  or  woman,  for  the 
purpose  of  making  him   purchase  his  freedom,  unless  the 
peasant  has  forfeited  his  freedom.     This  is  not  meant  to 
restrict  the  rights  of  a  lord  over  the  peasants  living  on  his 
own  lands  or  on  lands  which  he  claims. 

5.  From  this  hour  forth  no  one  shall  seize  ecclesiastical 
lands,  whether  those  of  a  bishop,  chapter,  or  monastery,  and 
no  one  shall  levy  any  unjust  tax  or  toll  from  them ;  unless  he 
holds  them  as  precaria  from  the  bishop  or  the  brothers. 

6.  No  one  shall  seize  or  rob  merchants. 

7.  No  layman  shall  exercise  any  authority  in  the  matter 
of  burials  or  ecclesiastical   offerings ;  no  priest  shall  take 
money  for  baptism,  for  it  is  the  gift  of  the  Holy  Spirit. 

8.  If  anyone  breaks  the  peace  and  refuses  to  keep  it,  he 
shall  be  excommunicated  and  anathematized  and  cut  off  from 
the  holy  mother  church,  until  he  makes  satisfaction;  if  he 
refuses  to  make  satisfaction,  no  priest  shall  say  mass  or  per- 
form divine  services  for  him,  no  priest  shall  bury  him  or 
permit  him  to  be  buried  in  consecrated  ground ;  no  priest  shall 


414    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

knowingly  give  him  communion;  if  any  priest  knowingly 
violates  this  decree  he  shall  be  deposed. 

1  The  meaning  of  this  exception  is  not  clear  in  the  original. 
Apparently  it  is  put  in  to  preserve  the  right  of  the  bishop  over  the 
churches  and  the  clergy  of  his  diocese,  and  to  prevent  any  of  the 
lower  clergy  from  citing  the  decree  in  restraint  of  episcopal  control ; 
so  also  the  exception  in  paragraph  3. 

*  This  exception  is  intended  to  preserve  the  rights  of  the  emperor 
and  others  on  lawful  expeditions  to  take  what  they  need  for  the 
journey. 

242.  TRUCE  OF  GOD,  MADE  FOB  THE  ARCHBISHOPRIC  OF 
ARLES,  1035-41. 

M.  G.  LL.  4to,  IV,  1,  no.  419. 

This  is  the  earliest  truce  of  God  extant  (except  for  the  doubtful 
case  of  the  council  of  Elne,  1027 ) ,  and  it  is  preserved  only  in  the 
form  of  a  communication  recommending  it  to  the  clergy  of  Italy. 

In  the  name  of  God,  the  omnipotent  Father,  Son,  and  Holy 
Spirit.  Eeginbald,  archbishop  of  Aries,  with  Benedict,  bishop 
of  Avignon,  Nithard,  bishop  of  Nice,  the  venerable  abbot 
Odilo  [of  Cluny],  and  all  the  bishops,  abbots,  and  other  clergy 
of  Gaul,  to  all  the  archbishops,  bishops,  and  clergy  of  Italy, 
grace  and  peace  from  God,  the  omnipotent  Father,  who  is, 
was,  and  shall  be. 

1.  For  the  salvation  of  your  souls,  we  beseech  all  you 
who  fear  God  and  believe  in  him  and  have  been  redeemed 
by  his  blood,  to  follow  the  footsteps  of  God,  and  to  keep  peace 
one  with  another,  that  you  may  obtain  eternal  peace  and  quiet 
with  Him. 

2.  This  is  the  peace  or  truce  of  God  which  we  have  re- 
ceived from  heaven  through  the  inspiration  of  God,  and  we 
beseech  you  to  accept  it  and  observe  it  even  as  we  have  done ; 
namely,  that  all  Christians,  friends  and  enemies,  neighbors 
and  strangers,  should  keep  true  and  lasting  peace  one  with 
another  from  vespers  on  Wednesday  to  sunrise  on  Monday,  so 
that  during  these  four  days  and  five  nights,  all  persons  may 


No.  242]  COURTS  415 

have  peace,  and,  trusting  in  this  peace,  may  go  about  their 
business  without  fear  of  their  enemies. 

3.  All  who  keep  the  peace  and  truce  of  God  shall  be 
absolved  of  their  sins  by  God,  the  omnipotent  Father,  and  His 
Son  Jesus  Christ,  and  the  Holy  Spirit,  and  by  St.  Mary  with 
the  choir  of  virgins,  and  St.  Michael  with  the  choir  of  angels, 
and  St.  Peter  with  all  the  saints  and  all  the  faithful,  now  and 
forever. 

4.  Those  who  have  promised  to  observe  the  truce  and 
have  wilfully  violated  it,  shall  be  excommunicated  by  God 
the  omnipotent  Father,  and  His  Son  Jesus  Christ,  and  the 
Holy  Spirit,  from  the  communion  of  all  the  saints  of  God, 
shall  be  accursed  and  despised  here  and  in  the  future  world, 
shall  be  damned  with  Dathan  and  Abiram  and  with  Judas 
who  betrayed  his  Lord,  and  shall  be  overwhelmed  in  the 
depths    of    hell,    as    was    Pharaoh    in    the    midst    of    the 
sea,  unless  they  make  such  satisfaction  as  is  described  in 
the  following: 

5.  If  anyone  has  killed  another  on  the  days  of  the  truce 
of  God,  he  shall  be  exiled  and  driven  from  the  land  and  shall 
make  a  pilgrimage  to  Jerusalem,  spending  his  exile  there. 
If  anyone  has  violated  the  truce  of  God  in  any  other  way,  he 
shall  suffer  the  penalty  prescribed  by  the  secular  laws  and  shall 
do  double  the  penance  prescribed  by  the  canons. 

6.  We  believe  it  is  just  that  we  should  suffer  both  secular 
and  spiritual  punishment  if  we  break  the  promise  which  we 
have  made  to  keep  the  peace.     For  we  believe  that  this  peace 
was  given  to  us  from  heaven  by  God;  for  before  God  gave 
it  to  his  people,  there  was  nothing  good  done  among  us.    The 
Lord's  Day  was  not  kept,  but  all  kinds  of  labor  were  per- 
formed on  it. 

7.  We  have  vowed  and  dedicated  these  four  days  to  God : 
Thursday,  because  it  is  the  day  of  his  ascension;  Friday,  be- 
cause it  is  the  day  of  his  passion;  Saturday,  because  it  is  the 
day  in  which  he  was  in  the  tomb;  and  Sunday,  because  it  is 


416    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  day  of  his  resurrection ;  on  that  day  no  labor  shall  be  done 
and  no  one  shall  be  in  fear  of  his  enemy. 

8.  By  the  power  given  to  us  by  God  through  the  apostles, 
we  bless  and  absolve  all  who  keep  the  peace  and  truce  of  God ; 
we  excommunicate,  curse,  anathematize,  and  exclude  from 
the  holy  mother  church  all  who  violate  it. 

9.  If  anyone  shall  punish  violators  of  this  decree  and  of 
the  truce  of  God,  he  shall  not  be  held  guilty  of  a  crime,  but 
shall  go  and  come  freely  with  the  blessing  of  all  Christians, 
as  a  defender  of  the  cause  of  God.     But  if  anything  has  been 
stolen  on  other  days,  and  the  owner  finds  it  on  one  of  the  days 
of  the  truce,  he  shall  not  be  restrained  from  recovering  it,  lest 
thereby  an  advantage  should  be  given  to  the  thief. 

10.  In  addition,  brothers,  we  request  that  you  observe  the 
day  on  which  the  peace  and  truce  was  established  by  us,  keep- 
ing it  in  the  name  of  the  holy  Trinity.     Drive  all  thieves  out 
of  your  country,  and  curse  and  excommunicate  them  in  the 
name  of  all  the  saints. 

11.  Offer  your  tithes  and  the  first  fruits  of  your  labors  to 
God,  and  bring  offerings  from  your  goods  to  the  churches  for 
the  souls  of  the  living  and  the  dead,  that  God  may  free  you 
from  all  evils  in  this  world,  and  after  this  life  bring  you  to 
the  kingdom  of  heaven,  through  Him  who  lives  and  reigns 
with  God  the  Father  and  the  Holy  Spirit,  forever  and  ever. 
Amen. 

243.     TRUCE  OF  GOD  FOR  THE  ARCHBISHOPRICS  OF  BESAN- 

,CON   AND  VlENNE,   CO..,    1041. 
M.  G.  LL.  4to,  IV,  1,  no.  421. 

1.  We  command  all  to  keep  the  truce  from  sunset  on 
Wednesday  to  sunrise  on  Monday,  and  from  Christmas  to  the 
.octave  of  [i.e.,  week  after]  Epiphany  [Jan.  6],  and  from  Sep- 
tuagesima  Sunday  [third  Sunday  before  Lent]  to  the  octave 
of  Easter  [the  Sunday  after  Easter]. 

2.  It  anyone  violates  the  truce  and  refuses  to  make  satis- 


No.  244]  COURTS  417 

faction,  after  he  has  been  admonished  three  times,  the  bishop 
shall  excommunicate  him  and  shall  notify  the  neighboring 
bishops  of  his  action  by  letter.  No  bishop  shall  receive  the 
excommunicated  person,  but  shall  confirm  the  sentence  of 
excommunication  against  him  in  writing.  If  any  bishop 
violates  this  decree  he  shall  be  in  danger  of  losing  his  rank. 

3.  And  since  a  threefold  cord  is  stronger  and  harder  to 
break  than  a  single  one,  we  command  bishops  mutually  to  aid 
one  another  in  maintaining  this  peace,  having  regard  only  to 
God  and  the  salvation  of  their  people,  and  not  to  neglect  this 
through  love  or  fear  of  anyone.  If  any  bishop  is  negligent 
in  this  regard,  he  shall  be  in  danger  of  losing  his  rank. 

244.    TRUCE  FOR  THE  BISHOPRIC  OF  TEROUANNE,  1063. 

M.  G.  LL.  4to,  IV,  1,  no.  422. 

Drogo,  bishop  of  Terouanne,  and  count  Baldwin  [of 
Hainault]  have  established  this  peace  with  the  cooperation 
of  the  clergy  and  people  of  the  land. 

Dearest  brothers  in  the  Lord,  these  are  the  conditions  which 
you  must  observe  during  the  time  of  the  peace  which  is  com" 
monly  called  the  truce  of  God,  and  which  begins  with  sunset 
on  Wednesday  and  lasts  until  sunrise  on  Monday. 

1.  During  those  four  days  and  five  nights  no  man  or 
woman  shall  assault,  wound,  or  slay  another,  or  attack,  seize, 
or  destroy  a  castle,  burg,  or  villa,  by  craft  or  by  violence. 

2.  If  anyone  violates  this  peace  and  disobeys  these  com- 
mands of  ours,  he  shall  be  exiled  for  thirty  years  as  a  penance, 
and  before  he  leaves  the  bishopric  he  shall  make  compensa- 
tion for  the  injury  which  he  committed.      Otherwise  he  shall 
be  excommunicated  by  the  Lord  God  and  excluded  from  all 
Christian  fellowship. 

3.  All  who  associate  with  him  in  any  way,  who  give  him 
advice  or  aid,  or  hold  converse  with  him,  unless  it  be  to  advise 
him  to  do  penance  and  to  leave  the  bishopric,  shall  be  under 
excommunication  until  they  have  made  satisfaction. 


418    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

4.  If  any  violator  of  the  peace  shall  fall  sick  and  die  before 
he  completes  his  penance,  no  Christian  shall  visit  him  or 
move  his  body  from  the  place  where  it  lay,  or  receive  any  of 
his  possessions. 

5.  In  addition,  brethren,  you  should  observe  the  peace  in 
regard  to  lands  and  animals  and  all  things  that  can  be  pos- 
sessed.    If  anyone  takes  from  another  an  animal,  a  coin,  or  a 
garment,  during  the  days  of  the  truce,  he  shall  be  excommuni- 
cated unless  he  makes  satisfaction.     If  he  desires  to  make 
satisfaction  for  his  crime  he  shall  first  restore  the  thing  which 
he  stole  or  its  value  in  money,  and  shall  do  penance  for  seven 
years   within    the  bishopric.      If  he   should   die  before  he 
makes  satisfaction  and  completes  his  penance,  his  body  shall 
not  be  buried  or  removed  from  the  place  where  it  lay,  unless 
his  family  shall  make  satisfaction  for  him  to  the  person  whom 
he  injured. 

6.  During  the  days  of  the  peace,  no  one  shall  make  a 
hostile  expedition  on  horseback,  except  when  summoned  by 
the  count ;  and  all  who  go  with  the  count  shall  take  for  their 
support  only  as  much  as  is  necessary  for  themselves  and  their 
horses. 

7.  All  merchants  and  other  men  who  pass  through  your 
territory  from  other  lands  shall  have  peace  from  you. 

8.  You  shall  also  keep  this  peace  every  day  of  the  week 
from  the  beginning  of  Advent  to  the  octave  of  Epiphany  and 
from  the  beginning  of  Lent  to  the  octave  of  Easter,  and  from 
the  feast  of  Rogations  [the  Monday  before  Ascension  Day] 
to  the  octave  of  Pentecost. 

9.  We  command  all  priests  on  feast  days  and  Sundays  to 
pray  for  all  who  keep  the  peace,  and  to  curse  all  who  violate 
it  or  support  its  violators. 

10.  If  anyone  has  been  accused  of  violating  the  peace  and 
denies  the  charge,  he  shall  take  the  communion  and  undergo 
the  ordeal  of  hot  iron.     If  he  is  found  guilty,  he  shall  do 
penance  within  the  bishopric  for  seven  years. 


No.  246]  COURTS  419 

245.  PEACE  OF  THE  LAND  ESTABLISHED  BY  HENRY  IV, 
1103. 

M.  G.  LL.  folio,  II,  p.  60;  Doeberl,  III,  no.  18. 

In  the  year  of  the  incarnation  of  our  Lord  1103,  the 
emperor  Henry  established  this  peace  at  Mainz,  and  he  and 
the  archbishops  and  bishops  signed  it  with  their  own  signa- 
tures. The  son  of  the  king  and  the  nobles  of  the  whole  king- 
dom, dukes,  margraves,  counts,  and  many  others,  swore  to 
observe  it.  Duke  Welf,  duke  Bertholf,  and  duke  Frederick 
swore  to  keep  the  peace  from  that  day  to  four  years  from  the 
next  Pentecost.  They  swore  to  keep  peace  with  churches, 
clergy,  monks,  merchants,  women,  and  Jews.  This  is  the 
form  of  the  oath  which  they  swore : 

No  one  shall  attack  the  house  of  another  or  waste  it  with 
fire,  or  seize  another  for  ransom,  or  strike,  wound,  or  slay 
another.  If  anyone  does  any  of  these  things  he  shall  lose  his 
eyes  or  his  hand,  and  the  one  who  defends  him  shall  suffer  the 
same  penalty.  If  the  violator  flees  into  a  castle,  the  castle 
shall  be  besieged  for  three  days  by  those  who  have  sworn  to 
keep  the  peace,  and  if  the  violator  is  not  given  up  it  shall  be 
destroyed.  If  the  offender  flees  from  justice  out  of  the 
country,  his  lord  shall  take  away  his  fief,  if  he  has  one,  and 
his  relatives  shall  take  his  patrimony.  If  anyone  steals  any- 
thing worth  five  solidi  or  more,  he  shall  lose  his-  eyes  or  his 
hand.  If  anyone  steals  anything  worth  less  than  five  solidi, 
he  shall  be  made  to  restore  the  theft,  and  shall  lose  his  hair 
and  be  beaten  with  rods ;  if  he  has  committed  this  smaller  theft 
three  times,  he  shall  lose  his  eyes  or  his  hand.  If  thou  shalt 
meet  thine  enemy  on  the  road  and  canst  injure  him,  do  so; 
but  if  he  escapes  to  the  house  or  castle  of  anyone,  thou  shalt 
let  him  remain  there  unharmed. 

246.  PEACE  OF  THE  LAND  FOR  ELSASS,  1085-1103. 

M.  G.  LL.  4to,  IV,  1,  no.  429;  Doeberl,  III,  no.  22  b. 

Be  it  known  to  all  lovers  of  peace  that  the  people  of  Elsass 


420    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

with  their  leaders  have  mutually  sworn  to  maintain  perpetual 
peace  on  the  following  terms : 

1.  All  churches  shall  have  peace  always  and  everywhere. 
All  clergy .  and  women,  merchants,  hunters,  pilgrims,  and 
farmers  while  they  work  in  the  fields  and  on  their  way  to  and 
from  their  labor,  shall  have  peace. 

2.  They  have  sworn  to  keep  the  peace  especially  on  certain 
days  and  during  certain  seasons;  namely,  from  vespers'  on 
Wednesday  to  sunrise  on  Monday  of  every  week,  on  the  vigils  l 
and  feast  days  of  the  saints,  on  the  four  times  of  fast,2  from 
Advent  to  the  octave  of  Epiphany,  and  from  Septuagesima 
Sunday  to  the  octave  of  Pentecost.     In  these  times  no  one 
shall  bear  arms  except  those  on  journey.     All  public  enemies 
of  the  royal  majesty  shall  be  excluded  from  the  benefits  of  this 
peace. 

3.  If  anyone  of  those  who  have  sworn  to  maintain  this 
peace  shall  commit  any  crime  against  one  of  the  others,  on 
one  of  these  days,  such  as  robbing,  burning,  seizing,  or  com- 
mitting any  other  violence  on  his  lands  or  in  his  house,  or 
beating  him  so  as  to  bring  blood,  he  shall  suffer  capital  punish- 
ment, if  he  is  a  freeman,  and  shall  lose  his  hand,  if  he  is  a  serf. 

4.  If  anyone  conceals  a  violator  of  the  peace  or  aids  him 
to  escape,  he  shall  suffer  the  penalty  of  the  guilty  person. 

5.  If  anyone  unjustly  accuses  one  of  those  who  have  sworn 
to  keep  the  peace  of  having  violated  it,  or  calls  out  the  forces 
of  the  peace  against  him,  through  malice  or  anger,  he  shall 
suffer  the  penalty  described  above. 

6.  If  anyone  who  dwells  in  the  province  has  been  accused 
of  violating  the  peace,  he  shall  clear  himself  inside  of  seven 
days  by  the  testimony  of  seven  of  his  peers,  if  he  is  a  freeman 
or  a  ministerial ;  but  if  he  belongs  to  a  lower  rank  in  the  city  or 
country,  he  shall  clear  himself  by  the  ordeal  of  cold  water. 

7.  If  anyone  steals  anything  of  the  value  of  a  siclum  [a 
coin  of  unknown  value]  or  two,  he  shall  lose  his  hair  and  his 
sjiin ;  if  he  commits  the  theft  a  second  time,  or  steals  anything 


No.  246]  COURTS  421 

worth  five  sicla  or  more,  he  shall  lose  his  hand ;  if  he  commits 
a  theft  a  third  time,  he  shall  be  hanged. 

8.  Those  who  are  called  to  attend  the  expedition  of  the 
emperer  or  one  made  to  maintain  the  peace,  shall  go  at  their 
own  expense  for  three  days.     If  the  expedition  takes  longer 
than  that,  they  may  levy  fodder  for  their  horses  and  food  for 
themselves,  but  may  take  only  grass,  vegetables,  apples,  wood, 
and  the  implements  of  the  hunt. 

9.  Draught  horses,  vineyards,  and  crops  shall  always  be 
under  the  peace,  except  that  a  traveler  may  take  enough  from 
the  public  road  to  feed  his  horse. 

10.  Whatever  anyone  held  by  any  right  of  ownership  or 
possession  before  the  peace  was  decreed,  he  shall  still  hold 
by  the  same  right. 

11.  If  anyone  has  withdrawn  from  this  sworn  agreement 
to  keep  the  peace,  or  confesses  that  he  swore  to  it  falsely,  and 
wishes  still  to  remain  in  the  territory,  he  shall  promise  with 
seven  sureties  that  he  will  keep  the  peace.     If  he  refuses  to 
promise  or  if  he  in  any  way  opposes  the  peace,  he  shall  either 
be  subject  to  the  penalties  of  this  decree,  or  shall  leave  the 
land. 

12.  All  the  authors  of  the  peace  should  be  on  their, guard 
to  prevent  rash  or  unwise  action  in  enforcing  it. 

13.  The  younger  men  should  be  persuaded  or  even  forced 
to  swear  to  keep  the  peace,  for  they  are  especially  apt  to  neglect 
its  provisions. 

14.  Priests  should  watch  diligently  that  this  useful  and 
holy  peace  be  not  disregarded  by  the  members  of  their  con- 
gregations, and  should  admonish  their  people  every  Sunday 
to  keep  it,  as  is  decreed  by  pope  Leo ;  and  the  beginning  of  the 
peace   of   God   should   be   announced   at   vespers    of   every 
Wednesday  with  the  ringing  of  bells. 

1  The  vigil  is  the  day  before  the  saint's  day. 

2  Certain  days  of  fast  in  the  four  seasons,  observed  in  the  first 
•week  of  March,  the  second  week  of  June,  the  third  week  of  September, 
and  the  fourth  week  of  December. 


422    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

247.  DECREE  OF  FREDERICK  I  CONCERNING  THE  KEEPING 
OF  PEACE,  1156. 

M.  G.  LL.  folio,  II,  pp.  101  ff.;  Doeberl,  IV,  no.  32. 

Frederick,  by  the  grace  of  God  emperor  of  the  Romans, 
Augustus,  to  the  bishops,  dukes,  counts,  margraves,  and  all 
others  to  whom  these  presents  come,  his  grace,  peace,  and  love. 
.  .  .  We  desire  that  every  person  shall  have  his  rights,  and 
we  command  by  our  royal  authority  that  peace,  so  long  desired 
and  so  necessary  to  the  whole  land,  be  kept  throughout  all 
parts  of  our  realm.  The  following  sections  show  how  the 
peace  is  to  be  kept  and  preserved : 

1.  If  anyone  kills  a  man  within  the  territory  covered  by 
this  peace,  he  shall  suffer  capital  punishment,  unless  he  can 
prove  by  judicial  combat  that  he  did  it  in  self-defence.    But 
if  it  is  well  known  that  he  did  it  with  malice  and  not  in  self- 
defence,  he  shall  not  be  allowed  to  escape  death,  by  appealing 
to  the  judicial  combat,  or  by  any  other  means.     If  a  violator 
of  the  peace  flees  from  justice,  his  movable  property  shall  be 
confiscated  by  the  judge  and  his  heirs  shall  succeed  to  his 
patrimony,  if  they  swear  that  the  violator  of  the  peace  shall 
never  with  their  consent  receive  anything  from  it.     But  if  the 
heirs  do  not  take  this  oath,  they  shall  lose  the  inheritance  and 
the  count  shall  give  it  to  the  royal  treasury  and  receive  it  back 
as  a  fief. 

2.  If  anyone  wounds  another  within  the  territory  covered 
by  the  peace,  he  shall  lose  his  hand  and  forfeit  his  property  as 
above,  unless  he  can  prove  by  judicial  combat  that  he  did  it  in 
self-defence.     The  judge  shall  apply  the  law  strictly  against 
him  and  his  property. 

3.  If  anyone  seizes  another  and  beats  him  without  drawing 
blood  or  pulls  out  his  hair  or  beard,  he  shall  pay  ten  pounds  as 
compensation  to  the  one  whom  he  injured,  and  twenty  pounds 
to  the  judge  as  fine.    If  anyone  reviles  another  without  cause, 
he  shall  pay  ten  pounds  for  the  injury  and  ten  pounds  to  the 
judge  as  a  fine.     If  anyone  has  to  give  pledge  to  a  judge  for 


No.  247]  COURTS  423 

more  than  twenty  pounds,  he  shall  put  his  property  in  pawn 
with  the  judge,  and  shall  redeem  it  by  paying  the  amount 
within  four  weeks ;  if  he  fails  to  redeem  it  within  that  time,  his 
heirs  may  receive  it  by  paying  twenty  pounds  to  the  count 
within  six  weeks;  otherwise  the  count  shall  give  the  property 
over  to  the  royal  treasury,  and  shall  receive  it  back  as  a  fief 
from  the  king,  after  paying  those  who  have  claims  against  it 
for  damages. 

4.  If  one  of  the  clergy  has  been  accused  of  violating  the 
peace  and  has  been  convicted  and  proscribed,  or  if  he  has 
sheltered  a  violator  of  the  peace,  and  has  been  convicted  of 
these  things  before  his  bishop  on  sufficient  testimony,  he  shall 
pay  twenty  pounds  to  the  count,  and  make  satisfaction  to  the 
bishop  according  to  the  canons.    But  if  the  clergyman  refuses 
to  obey,  he  shall  lose  his  rank  and  his  ecclesiastical  benefice, 
and  shall  be  placed  under  the  ban  of  the  empire. 

5.  If  a  judge  has  followed  a  violator  of  the  peace  with  the 
"  hue  and  cry  "  to  the  castle  of  any  lord,  the  lord  of  the  castle 
shall  turn  him  over  to  justice.    If  the  man  lives  in  the  castle 
and  is  conscious  of  his  guilt  and  fears  to  appear  before  the 
judge,  the  lord  of  the  castle  shall  hand  over  the  man's  mova- 
bles to  the  judge  under  oath,  and  shall  never  receive  the  man 
again  in  his  castle.     If  the  man  does  not  live  in  the  castle,  the 
lord  shall  send  him  out  of  his  castle  in  security  [that  is,  the 
lord  is  not  bound  to  deliver  him  to  the  judge,  but  shall  give 
him  a  chance' to  escape],  and  the  judge  and  the  people  shall 
continue  to  pursue  him. 

6.  If  two  men  contend  for  the  possession  of  a  fief,  and  one 
of  them  presents  as  a  witness  the  man  who  invested  him  with 
it,  the  count  shall  accept  his  testimony,  for  the  giver  of  the 
fief  ought  to  be  able  to  recognize  his  own  gift ;  and  if  the  man 
can  prove  by  trustworthy  witnesses  that  he  held  the  fief  legally 
and  not  by  violence,  he  shall  hold  it  without  further  contro- 
versy.    If  it  is  proved  that  he  got  it  by  violence,  he  shall  pay 
double  the  fine  for  violence  and  shall  be  deprived  of  the  fief. 


424    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

7.  If  three  or  more  men  contend  for  the  possession  of  the 
same  fief  and  each  one  offers  as  a  witness  the  man  who  he 
asserts  invested  him  with  the  fief,  the  judge  who  tries  the 
case  shall  choose  two  men  of  good  repute  who  dwell  in  the 
same  province,  and  shall  make  them  tell  under  oath  which 
man  has  held  the  fief  legally  and  without  violence,  and  that 
man  shall  hold  the  fief  in  peace  and  security  without  further 
controversy,  unless  some  other  person  can  claim  it  justly  from 
him. 

8.  If  a  peasant  accuses  a  knight  of  violating  the  peace,  the 
knight  shall  swear  that  he  did  it  not  of  his  own  will,  but  in 
self-defence,  and  shall  clear  himself  with  three  compurgators. 

9.  If  a  knight  accuses  a  peasant  of  violating  the  peace, 
the  peasant  shall  swear  that  he  did  it  not  of  his  own  will,  but 
in  self-defence,  and  he  shall  choose  whether  he  will  clear  him- 
self by  judgment  either  of  court  trial  or  ordeal,  or  by  the  testi- 
mony of  six  witnesses  chosen  by  the  judge. 

10.  If  a  knight  has  been  accused  by  another  knight  of 
violating  the  peace,  and  wishes  to  put  it  to  the  trial  by  judicial 
combat,  he  shall  not  be  allowed  to  fight  his  accuser  unless  he 
can  prove  that  he  and  his  ancestors  were  lawful  knights  by 
birth. 

11.  Immediately  after  the  Nativity  of  the  Virgin  Mary, 
each  count  shall  choose  seven  men  of  good  repute,  and  shall 
determine  with  their  advice  and  according  to  the  character  of 
the  season  the  price  at  which  grain  shall  be'  sold  in  each 
province;  if  any  person  during  that  year  sells  a  measure  of 
grain  at  a  price  higher  than  the  one  they  have  fixed,  he  shall 
be  considered  a  violator  of  the  peace,  and  shall  pay  thirty 
pounds  for  every  measure  that  he  sold  above  the  price. 

12.  If  a  peasant  bears  arms,  such  as  a  spear  or  a  sword, 
the  judge  of  the  district  shall  either  confiscate  the  arms  or  fine 
him  twenty  solidi  for  carrying  them. 

13.  A  merchant  who  is  travelling  through  the  country  on 
business  may  carry  a  sword  bound  to  his  saddle  or  on  his 


No,  248]  COURTS  425 

wagon,  but  he  shall  use  it  only  to  defend  himself  from 
thieves,  and  not  against  innocent  persons. 

14.  No  one  shall  spread  nets,  snares,  or  other  traps  for 
any  animals  except  bears,  wolves,  and  boars. 

15.  No  knight  shall  bear  arms  to  the  count's  court,  unless 
requested  to  do  so  by  the  count.     Public  thieves  when  con- 
victed shall  suffer  the  established  penalty. 

16.  If  anyone  has  made  illegal  use  of  his  office  of  advocate 
or  any  other  benefice,  and  has  been  warned  by  his  lord  to 
desist,  but  has  not  done  so,  he  shall  be  deprived  of  his  advocacy 
or  benefice  by  regular  judicial  procedure.     If  he  attempts  to 
recover  his  advocacy  or  benefice  by  violence  he  shall  be  re- 
garded as  a  violator  of  the  peace. 

17.  If  anyone  steals  anything  of  the  value  of  five  solidi  or 
more,  he  shall  be  hanged ;  if  less  than  five  solidi,  he  shall  be 
beaten  with  rods  and  have  his  hair  cut  off  with  scissors. 

18.  If  the  ministerials  of  any  lord  are  at  war  with  one 
another,  the  count  or  the  judge  of  the  district  shall  enforce 
the  law  against  them. 

19.  If  a  traveller  wishes  to  feed  his  horse,  he  may  take 
with  impunity  whatever  he  can  reach  by  standing  on  the  road 
and  feed  it  to  his  horse.  Anyone  may  take  grass  or  green  twigs 
for  his  use,  if  he  does  it  without  unnecessary  destruction. 

248.  PEACE  OF  THE  LAND  DECLARED  BY  FREDERICK  I  IN 
ITALY,  1158. 

Ragewin,  Gesta,  IV,  ch.  10;  M.  G.  LL.  folio,  II,  pp.  112  f.;  Doeberl,  IV,  no.  37  b. 

Frederick,  by  the  grace  of  God  emperor  of  the  Eomans, 
Augustus,  to  all  his  subjects.  We  hereby  command  all  our 
subjects  to  keep  the  peace,  as  it  is  decreed  in  this  edict.  The 
dukes,  margraves,  counts,  and  all  vassals  and  public  officials, 
together  with  the  common  people  between  the  ages  of  18  and 
70,  shall  take  an  oath  to  keep  the  peace  and  to  aid  the  officials 
in  enforcing  it.  These  oaths  shall  be  renewed  at  the  end  of 
every  five  years. 


426    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

1.  If  anyone  has  a  grievance   against   another   on   any 
ground,  he  shall  seek  justice  from  his  lawful  judge. 

2.  Fines  for  the  breach  of  peace  shall  be  as  follows :  for  a 
city,  100  pounds  of  gold ;  for  a  town,  20  pounds  of  gold ;  for 
dukes,  margraves,  and  counts,  50  pounds  of  gold ;  for  the  im- 
mediate vassals  of  the  emperor  and  the  greater  rear-vassals, 
20  pounds  of  gold ;  for  the  other  vassals  and  all  other  violators 
of  the  peace,  6  pounds  of  gold,  and  these  shall  also  be  forced  to 
make  good  the  injury  according  to  the  law. 

3.  Violence  and  theft  shall  be  punished  according  to  the 
law;  homicide  and  bodily  injury  and  all  crimes  shall  also  be 
punished  according  to  law. 

4.  If  judges  and  magistrates  appointed  by  the  emperor  or 
his  representative  neglect  to  do  justice  or  to  punish  violations 
of  the  peace,  they  shall  be  compelled  to  make  good  the  damage 
and  to  pay  the  legal  fine  for  breach  of  peace,  and  in  addition 
they  shall  pay  special  fines  to  the  royal  treasury:  the  higher 
officials,  10  pounds  of  gold,  and  the  lower  officials,  3  pounds 
of  gold.    Those  who  are  too  poor  to  pay  these  fines  shall  be 
punished  with  blows,  and  shall  be  prohibited  from  dwelling 
within  fifty  miles  of  their  former  homes  during  a  period  of 
five  years. 

5.  We  hereby  prohibit  all  associations  and  sworn  leagues 
in  city  or  country,  whether  between  city  and  city,  or  between 
person  and  person,  or  between  city  and  person.     All  such  asso- 
ciations that  now  exist  are  hereby  declared  void,  and  every 
member  is  liable  to  a  fine  of  1  pound  of  gold. 

6.  Bishops  are  commanded  to  visit  all  violators  of  this 
decree  in  their  dioceses  with  ecclesiastical  censure,  until  they 
make  satisfaction. 

7.  Protectors  of  malefactors  and  receivers  of  stolen  goods 
shall  be  punished  with  the  same  fine  as  the  criminals. 

8.  If  anyone  refuses  to  take  the  oath  to  keep  the  peace,  or 
disobeys  this  decree,  his  goods  shall  be  confiscated  and  his 
house  destroyed. 


Ka  249]  COURTS  427 

9.  We  condemn  and  forbid  all  illegal  exactions,  especially 
against  the  church,  an  abuse  which  is  of  long  standing.      All 
such  exactions  levied  in  the  future  shall  be  repaid  in  double. 

10.  Contracts  voluntarily  made  by  minors  on  oath,  which 
do  not  affect  their  own  property,  shall  be  valid ;  but  all  prom- 
ises extorted  by  force  or  fear  shall  be  void,  especially  promises 
not  to  complain  of  wrong  or  injury. 

11.  If  anyone  sells  his  allodial  lands,  he  shall  not  sell  the 
authority  and  jurisdiction  of  the  emperor  over  them;  sales 
made  with  these  provisions  are  void. 

249.  THE  PERPETUAL  PEACE  OF  THE  LAND  PROCLAIMED 
BY  MAXIMILIAN  I,  1495.  (GERMAN.) 

Altmann  und  Bernheim,  no.  110. 

For  various  reasons  the  government  had  found  it  impossible  to 
secure  the  peace  of  the  land.  One  reason  was  that  there  was  no 
effective  and  satisfactory  machinery  for  punishing  offenders,  admin- 
istering justice,  and  settling  disputes.  Maximilian  not  only  forbade 
all  private  warfare,  but  also  created  a  supreme  court  to  try  all 
offenders  and  to  make  it  unnecessary  for  a  man  to  take  the  law  into 
his  own  hands. 

We,  Maximilian,  etc.  (1)  From  the  time  of  the  publica- 
tion of  this  peace,  no  one,  no  matter  of  what  rank  or  position, 
shall  carry  on  a  feud  against  another,  or  make  war  on  him, 
or  rob,  seize,  attack,  or  besiege  him,  or  aid  anyone  else  to  do 
so.  And  no  one  shall  attack,  seize,  burn,  or  in  any  other  way 
damage  any  castle,  city,  market  town,  fortress,  village,  farm- 
house, or  group  of  houses,  or  in  any  way  aid  others  to  do  such 
things.  No  one  shall  receive  those  who  do  such  things  into 
his  house,  or  protect  them,  or  give  them  to  eat  or  drink.  But 
if  anyone  has  a  ground  for  complaint  against  another,  he 
shall  summon  him  before  the  court.  For  the  command  is 
now  given  that  all  such  matters  must  hereafter  be  tried  before 
the  supreme  court. 

(2)  We  hereby  forbid  all  feuds  and  private  wars  through- 
out the  whole  empire. 


428    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

(3)  All,  of  whatever  rank  or  position,  who  disobey  this 
command,  shall,  in  addition  to  other  punishments,  he  put 
under  the  imperial  ban,  and  anyone  may  attack  their  person 
or  their  property  without  thereby  breaking  the  peace.     All 
their  charters  and  rights  shall  be  revoked,  and  their'fiefs  shall 
be  forfeited  to  their  lord.     And  so  long  as  the  guilty  one  lives, 
the  said  lord  shall  not  be  bound  to  restore  it  to  him  or  to  his 
heirs. 

(4)  In  case  this  peace  is  broken  and  violence  is  done  to 
anyone,  whether  elector,  prince,  prelate,  count,  lord,  knight, 
city,  or  anyone  else,  no  matter  of  what  rank  or  position, 
secular  or  ecclesiastical,  and  the  guilty  ones  are  not  known, 
but  suspicion  rests  on  anyone,  those  who  were  injured  may 
make  complaint  against  the  suspected  ones,  and  summon  them, 
and  compel  them  to  clear  themselves  by  oath  of  the  crimes  of 
which  they  are  suspected.     If  any  of  the  suspected  ones  refuse 
to  clear  themselves  in  this  way,  or  refuse  to  come  at  the  ap- 
pointed time,  they  shall  be  considered  guilty  of  having  broken 
the  peace,  and  they  shall  be  proceeded  against  in  accordance 
with  the  terms  of  this  document.    But  the  one  who  summons 
them  shall  give  them  a  safe-conduct  to  come  and  to  return  to 
their  homes.     If  it  is  impossible  to  deliver  the  summons  to 
them  in  person,  it  shall  be  posted  in  a  few  places  which  they 
are  known  to  frequent.    If,  contrary  to  this  peace,  anyone  is 
attacked  or  robbed,  all  those  who  are  present  and  see  it,  or 
learn  of  it  in  any  way,  shall  take  action  against  the  offender 
with  as  much  earnestness  and  promptness  as  if  it  concerned 
them  alone. 

(5)  No  one  shall  in  any  way  aid  or  protect  such  peace- 
breakers,   or   permit   them   to   remain    in    his   territory   or 
lands,  but  he  shall  seize  them  and  begin  proceedings  against 
them  and  give  aid  to  anyone  who  makes  complaint  against 
them.     .     .     . 

(6)  If  such  peace-breakers  have  such  protection  or  are  so 
strong  that  the  state  must  interfere  and  make  a  campaign 


No.  249]  COURTS  429 

against  them,  or  if  anyone  who  is  not  a  member  of  the  peace 
breaks  the  peace  or  aids  those  who  have  broken  it,  charges  shall 
be  made  by  the  injured,  or  by  the  presiding  judge  of  the 
supreme  court,  to  us  or  to  our  representatives  and  to  the 
annual  diet,  and  aid  shall  be  sent  at  once  to  those  who  have 
been  attacked.  If  through  war  or  anything  else  it  is  impos- 
sible to  hold  the  diet,  we  give  the  presiding  judge  of  the 
supreme  court  the  authority  to  call  us  and  the  members  of 
the  diet  together  in  any  place  where  we,  or  our  representatives, 
can  meet  and  take  whatever  measures  are  necessary.  But 
nevertheless  the  presiding  judge  and  the  whole  court  shall  not 
cease  to  prosecute  all  such  peace-breakers  with  all  the  legal 
means  possible. 

(7)  There  are  many  mercenaries  in  the  land  who  are  not 
in  the  service  of  anyone,  or  who  do  not  long  remain  in  the 
service  of  those  who  hire  them,  or  their  masters  do  not  control 
them  as  they  should,  but  they  go  riding  about  the  country 
seeking  to  take  advantage  of  people  and  to  rob.     We  therefore 
decree  that  such  men  shall  no  longer  be  tolerated  in  the 
empire,  and  wherever  they  are  found  they  shall  be  seized  and 
examined  and  severely  punished  for  their  evil  deeds,  and  all 
that  they  have  shall  be  taken  from  them,  and  they  shall  give 
security  for  their  good  conduct  by  oath  and  bondsmen. 

(8)  If  any  clergyman  breaks  this  peace,  the  bishop  who 
has  jurisdiction  over  him  shall  compel  him  to  make  good  the 
damage  which  he  has  done,  and  his  property  shall  be  taken  for 
this  purpose.     If  the  bishops  are  negligent  in  this  matter, 
we  put  them  as  well  as  the  peace-breakers  under  the  ban,  and 
deprive  them  of  the  protection  of  the  empire,  and  we  will  in 
no  way  defend  them  or  protect  them  in  their  evil-doing.    But 
they  may  clear  themselves  of  suspicion  in  the  same  way  as 
laymen. 

(9)  During  this  peace  no  one  shall  make  an  agreement 
or  treaty  with  another  which  shall  in  any  way  conflict  with 
this  peace.     We  hereby  annul  all  the  articles  of  such  agree- 


430    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

ments  or  treaties  which  are  contrary  to  this  peace.,  but  the 
rest  of  such  agreements  or  treaties  shall  remain  in  force. 
This  peace  is  not  intended  to  interfere  in  any  way  with  ex- 
isting treaties.  Without  the  consent  of  those  who  have  been 
injured  we  will  not  free  from  the  ban  anyone  who  has  through 
an  offence  against  the  peace  been  proscribed,  unless  he  clears 
himself  in  a  legal  way. 

(10)  We  command  you     ...     to  observe  this  peace 
in  all  points,  and  to  compel  all  your  officials  and  subjects  to 
observe  it,  if  you  wish  to  avoid  the  punishments  of  the  im- 
perial law  and  our  heavy  disfavor. 

(11)  We  hereby  annul  all  grants,  privileges,  etc.,  which 
have  been  granted  by  us  or  our  predecessors,  which  in  any  way 
conflict  with  this  peace. 

(12)  This  peace  is  not  intended  to  annul  any  of  the  laws 
of  the  empire  or  commands  which  have  already  been  issued, 
but  rather  to  strengthen  them  and  to  command  that  all  men 
Bhall  hereafter  observe  them. 

250.  THE  ESTABLISHMENT  OF  A  SUPREME  COURT  TO  TRY 
PEACE-BREAKERS,  1495.  (GERMAN.) 

Datt,  Volumen  rerum  Germanicarum  novum,  sive  de  pace  imperil  publica,  p.  876. 

We,  Maximilian,  etc.,  have,  for  good  and  sufficient  reasons, 
established  a  general  peace  of  the  land  throughout  the  Roman 
empire  and  Germany,  and  have  ordered  it  to  be  observed.  But 
it  cannot  be  enforced  without  the  proper  support  and  protec- 
tion. Therefore  at  the  advice  of  the  electors,  princes,  and  the 
general  diet  held  here  at  Worms,  for  the  common  good,  and 
for  the  honor  of  us  and  of  the  supreme  court  of  the  holy 
Roman  empire,  we  have  issued  the  following  laws  and  regula- 
tions in  regard  to  it.  We  will  appoint  a  presiding  judge  of 
this  court.  He  may  be  either  a  layman  or  a  clergyman,  a 
count  or  a  nobleman.  And  we  will  elect  sixteen  assistant 
judges  [who  shall  give  the  decision].  They  shall  all  be 
elected  at  this  diet.  They  shall  all  be  Germans  of  good  char- 


No.  250]  COURTS  431 

acter  and  of  good  degree  of  knowledge  and  experience,  and  at 
least  half  of  them  shall  be  trained  in  the  law  and  the  other 
half  shall  be  noblemen  of  the  rank  of  knight  at  least.  The 
decision  of  the  sixteen  shall  be  final.  In  case  of  a  tie  the 
presiding  judge  shall  have  the  deciding  vote.  Nothing  shall 
prevent  them  from  giving  a  just  and  legal  decision.  The 
presiding  judge  and  the  sixteen  shall  have  no  other  business, 
but  they  shall  devote  themselves  wholly  to  the  work  of  this 
court.  They  shall  not  be  absent  from  the  sessions  of  the 
court  without  special  permission.  The  sixteen  shall  get  such 
permission  from  the  presiding  judge,  and  he  from  the  sixteen. 
But  never  more  than  four  of  them  shall  be  absent  from  the 
court  at  the  same  time.  Neither  the  presiding  judge  nor  the 
sixteen  shall  leave  the  city  in  which  the  court  is  in  session 
except  for  the  most  weighty  reasons.  If  the  presiding  judge 
is  for  a  long  time  prevented  by  illness  or  other  weighty  reason 
from  holding  court,  he  shall,  with  the  consent  of  the  sixteen, 
give  one  of  the  sixteen,  preferably  a  count  or  nobleman,  the 
authority  to  represent  him.  And  even  if  four  or  less  of  the 
sixteen  are  absent,  the  others  shall  have  the  power  to  try  cases 
and  render  decisions  as  if  they  were  all  present.  But  in  cases 
in  which  electors,  princes,  or  those  of  princely  rank  are  con- 
cerned, the  presiding  judge  must  preside  in  person.  But  if 
he  cannot  do  so,  he  may,  with  the  consent  of  the  others,  name 
a  person  to  preside  in  his  stead.  .  .  .  We  will,  with  the 
advice  of  the  princes  and  of  the  diet  which  shall  meet  that 
year,  fill  all  vacancies  which  may  occur  in  this  court.  If 
the  presiding  judge  dies  without  appointing  some  one  to  pre- 
side in  his  stead,  the  sixteen  shall  elect  some  one  to  take  his 
place,  so  that  the  court  may  not  be  idle  until  the  next  diet 
assembles.  They  shall  elect  a  count  or  nobleman  to  this 
office;  and  he  shall  fill  this  office  until  the  next  diet  meets, 
at  which  time  we  will  appoint  a  new  presiding  judge. 


VIII.     MONASTICISM 
251.    THE  EULE  OF  ST.  BENEDICT.    ABOUT  530. 

Edited  by  E.  Woelfflin. 

Monasticism  arose  in  Egypt  and  western  Asia,  where  the  climate 
was  such  that  those  who  lived  out-of-doors  suffered  very  little  from 
the  inclemency  of  the  weather.  The  first  monks  were  true  hermits, 
each  one  living  quite  alone.  Very  little  shelter  was  necessary ;  a  tree, 
an  overhanging  rock,  a  small  cave,  would  offer  quite  enough  pro- 
tection against  the  weather.  But  as  the  movement  spread  to 
countries  where  there  was  more  rain  and  the  winters  were  colder 
their  manner  of  life  was  necessarily  modified.  They  began  to  live 
together  in  houses,  but  at  the  same  time  attempted  to  preserve  as 
much  of  the  hermit  life  as  possible.  Although  under  the  same  roof, 
the  monks  avoided  life  in  common.  Each  one  had  his  own  room  or 
cell,  prepared  his  own  food,  and  was  as  far  as  possible  separated 
from  his  fellow  monks.  But  the  mere  fact  that  they  lived  under 
one  roof  made  certain  rules  necessary,  and  they  had  to  have  regula- 
tions to  protect  themselves  against  impostors.  And  if  they  had  rules, 
there  must  be  some  one  to  enforce  them.  So  in  a  natural  way  every 
monastery  came  to  have  an  organization  and  certain  officials.  Since 
each  monastery  had  its  own  regulations  or  rule,  there  was  the  widest 
divergence  among  them.  By  making  a  rule  which  was  eventually 
adopted  in  all  Greek  monasteries,  Basil  the  Great  (d.  379)  brought 
about  uniformity  without  introducing  any  important  changes. 

Monasticism  was  introduced  into  the  west  toward  the  middle  of 
the  fourth  century  and  spread  rapidly.  Here,  too,  each  monastery 
made  its  own  rule.  Some  of  these  rules  achieved  a  local  reputation 
and  were  adopted  by  several  monasteries.  But  they  were  all  eventu- 
ally superseded  by  the  rule  of  St.  Benedict,  which  by  fortunate 
circumstances  came  to  be  regarded  in  the  west  as  the  only  proper 
monastic  rule. 

The  loose  organization  of  the  monasteries  had  permitted  many 
abuses  to  creep  in  (cf.  ch.  1).  The  rule  of  St.  Benedict  was  intended 

432 


No.  251]  MONASTICISM  433 

to  correct  these.  Probably  the  worst  of  these  abuses  was  the  insta- 
bility of  the  monks.  This  was  due  to  the  fact  that  they  were  not 
compelled  to  take  a  vow  to  remain  in  the  monastery.  Neither  were 
their  vows  regarded  as  perpetually  binding,  or  at  least  there  was 
no  means  of  compelling  them  to  keep  their  vows,  or  of  punishing 
them  if  they  broke  them.  If  any  monk  grew  tired  of  the  monastic 
life  or  found  it  irksome,  he  might  leave  the  monastery  and  either 
enter  another,  or  lead  a  vagabond  sort  of  existence  by  wandering 
from  one  place  to  another  ( cf .  ch.  1 ) .  In  this  way  he  could  escape 
all  the  rigors  of  the  rule  and  free  himself  from  all  discipline.  It- 
was  not  uncommon  for  monks  to  leave  the  monastery  and  go  back 
to  a  life  in  the  world.  St.  Benedict  put  an  end  to  these  abuses  by 
requiring  each  monk  to  take  a  vow  to  remain  forever '  in  the  same 
monastery,  and  by  making  all  the  vows  of  a  monk  perpetually 
binding :  "Once  a  monk  always  a  monk." 

An  important  change  was  made  in  monasticism  in  the  west  by 
introducing  the  common  life.  In  consequence  oi  this  all  traces  of 
the  hermit  life  disappeared.  The  monks  slept  in  a  common  room 
and  ate  in  a  common  refectory.  The  monk  spent  all  his  time  in  the 
company  of  his  fellow  monks.  Privacy  was  entirely  unknown  to 
him. 

The  rule  of  St.  Benedict  owes  its  popularity  chiefly  to  the  fact  that 
Gregory  I  (590-604)  was  a  Benedictine  monk  and  gave  the  rule 
his  support.  St.  Augustine,  whom  he  sent  as  a  missionary  to  England, 
was  also  a  Benedictine,  and  carried  the  rule  with  him.  So  it  was 
quite  natural  that  it  should  have  been  the  rule  of  all  monasteries  in 
England.  St.  Boniface,  an  Englishman,  considered  it  a  part  of  his 
reform  to  introduce  the  Benedictine  rule  into  all  the  monasteries  of 
Germany.  Its  fame  and  success  soon  led  to  its  adoption  in  all  the 
monasteries  of  the  west. 

The  rule  is  worthy  of  careful  study  because  for  several  centuries 
it  governed  the  lives  of  thousands  of  monks  who,  by  their  piety,  their 
works  of  charity  in  caring  for  the  sick  and  giving  shelter  to  trav- 
ellers, their  learning,  their  industry,  their  practice  of  agriculture, 
architecture,  and  other  industrial  and  fine  arts,  influenced  the  lives 
of  millions  of  laymen  and  advanced  them  in  civilization.  The  student 
should  note :  ( 1 )  The  extensive  acquaintance  of  the  monks  with  the 
Bible  as  shown  in  the  large  number  of  quotations  from  it  and  the 
amount  of  it  which  must  be  read  by  them  in  their  services ;  ( 2 )  the 
character  of  an  ideal  abbot;  (3)  an  ideal  monk  and  the  good  works 
and  virtues  which  he  was  required  to  practise  (cf.  chaps.  4,  5,  and 
6)  ;  (4)  the  administration  of  the  monastery,  which  was  character- 


434    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

ized  by  a  judicious  mixture  of  democratic  and  monarchical  princi- 
ples, and  a  high  degree  of  flexibility,  so  many  things  being  left  to 
the  judgment  of  the  abbot;  (5)  the  amount  of  time  devoted  to 
work,  reading,  and  meditation;  and  (6)  the  fact  that  the  majority 
of  monks  were  laymen  and  not  priests. 

The  first  edition  of  the  rule  was  written  probably  about  530.  But 
it  received  some  additions  and  changes  were  made  in  it  by  Benedict 
himself  before  his  death,  which  took  place  in  543,  or  soon  after. 
The  exact  date  of  his  death  is  unknown.  The  rule  was  the  basis 
for  all  the  reforms  in  monasticism  for  several  centuries.  The  new 
orders  which  were  founded  for  the  most  part  merely  increased  its 
ascetic  features  and  made  additions  which  were  calculated  to  keep 
the  monks  up  to  the  high  standard  of  asceticism  set  for  them. 

The  great  influence  of  the  rule  of  St.  Benedict  seemed  to  justify  us 
in  offering  the  whole  of  it.  No  other  document  presents  so  well  as  it 
the  ideals  of  the  monkish  life.  The  documents  which  follow  it 
illustrate  some  of  the  forms  and  ceremonies  spoken  of  in  the  rule, 
the  rise  of  the  military-monkish  orders  and  their  extensive  privileges, 
the  founding  of  one  of  the  great  orders  of  friars,  and  the  opposition 
to  them  on  the  part  of  the  parish  or  secular  clergy.  A  few  docu- 
ments are  also  given  which  throw  a  certain  side-light  on  the  history 
of  the  orders. 

Ch.  1.  The  Tcinds  of  monks. — There  are  four  kinds  of 
monks.  The  first  kind  is  that  of  the  cenobites  [that  is,  those 
living  in  common],  those  who  live  in  a  monastery  according 
to  a  rule,  and  under  the  government  of  an  abbot.  The  second 
is  that  of  the  anchorites,  or  hermits,  who  have  learned  how  to 
conduct  the  war  against  the  devil  by  their  long  service  in  the 
monastery  and  their  association  with  many  brothers,  and  so, 
being  well  trained,  have  separated  themselves  from  the  troop, 
in  order  to  wage  single  combat,  being  able  with  the  aid  of  God 
to  carry  on  the  fight  alone  against  the  sins  of  the  flesh.  The 
third  kind  (and  a  most  abominable  kind  it  is)  is  that  of  the 
sarabites,  who  have  not  been  tested  and  proved  by  obedience  to 
the  rule  and  by  the  teaching  of  experience,  as  gold  is  tried  in 
the  furnace,  and  so  are  soft  and  pliable  like  a  base  metal ;  who 
in  assuming  the  tonsure  are  false  to  God,  because  they  still 
serve  the  world  in  their  lives.  They  do  not  congregate  in  the 


No.  251]  MONASTICISM  435 

Master's  fold,  but  dwell  apart  without  a  shepherd,  by  twos  and 
threes,  or  even  alone.  Their  law  is  their  own  desires,  since 
they  call  that  holy  which  they  like,  and  that  unlawful  which 
they  do  not  like.  The  fourth  kind  is  composed  of  those  who 
are  called  gyro  vagi  (wanderers),  who  spend  their  whole  lives 
wandering  about  through  different  regions  and  living  three  or 
four  days  at  a  time  in  the  cells  of  different  monks.  They  are 
always  wandering  about  and  never  remain  long  in  one  place, 
and  they  are  governed  by  their  own  appetites  and  desires. 
They  are  in  every  way  worse  even  than  the  sarabites.  But  it 
is  better  to  pass  over  in  silence  than  to  mention  their  manner 
of  life.  Let  us,  therefore,  leaving  these  aside,  proceed,  with 
the  aid  of  God,  to  the  consideration  of  the  cenobites,  the 
highest  type  of  monks. 

Ch.  2.  The  qualities  necessary  for  an  abbot. — The  abbot 
who  is  worthy  to  rule  over  a  monastery  ought  always  to  bear 
in  mind  by  what  name  he  is  called  and  to  justify  by  his  life 
his  title  of  superior.  For  he  represents  Christ  in  the  mon- 
astery, receiving  his  name  from  the  saying  of  the  apostle :  "Ye 
have  received  the  Spirit  of  adoption,  whereby  we  cry,  Abba, 
Father"  [Rom.  8:15].  Therefore  the  abbot  should  not 
teach  or  command  anything  contrary  to  the  precepts  of  the 
Lord,  but  his  commands  and  his  teaching  should  be  in  accord 
with  divine  justice.  He  should  always  bear  in  mind  that  both 
his  teaching  and  the  obedience  of  his  disciples  will  be  inquired 
into  on  the  dread  day  of  judgment.  For  the  abbot  should 
know  that  the  shepherd  will  have  to  bear  the  blame  if  the 
Master  finds  anything  wrong  with  the  flock.  Only  in  case  the 
shepherd  has  displayed  all  diligence  and  care  in  correcting 
the  fault  of  a  restive  and  disobedient  flock  will  he  be  freed 
from  blame  at  the  judgment  of  God,  and  be  able  to  say  to  the 
Lord  in  the  words  of  the  prophet :  "I  have  not  hid  thy  right- 
eousness within  my  heart;  I  have  declared  thy  faithfulness 
and  thy  salvation"  [Ps.  40:10];  but  "they  despising  have 
scorned  me"  [Ezek.  20:27].  Then  shall  the  punishment  fall 


436    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

upon  the  flock  who  scorned  his  care  and  it  shall  be  the  punish- 
ment of  death.  The  abbot  ought  to  follow  two  methods  in 
governing  his  disciples:  teaching  the  commandments  of  the 
Lord  to  the  apt  disciples  by  his  words,  and  to  the  obdurate 
and  the  simple  by  his  deeds.  And  when  he  teaches  his  dis- 
ciples that  certain  things  are  wrong,  he  should  demonstrate 
it  in  his  own  life  by  not  doing  those  things,  lest  when  he  has 
preached  to  others  he  himself  should  be  a  castaway  [1  Cor. 
9:27],  and  lest  God  should  sometime  say  to  him,  a  sinner: 
"What  hast  thou  to  do  to  declare  my  statutes,  or  that  thou 
shouldest  take  my  covenant  in  thy  mouth  ?  Seeing  that  thou 
hatest  instruction,  and  castest  my  words  behind  thee"  [Ps. 
50:16,  17],  or  "Why  beholdest  thou  the  mote  that  is  in  thy 
brother's  eye,  but  considerest  not  the  beam  that  is  in  thine 
own  eye?"  [Matt.  7:3].  Let  there  be  no  respect  of  persons 
in  the  monastery.  Let  the  abbot  not  love  one  more  than 
another,  unless  it  be  one  who  excels  in  good  works  and  in 
obedience.  The  freeman  is  not  to  be  preferred  to  the  one 
who  comes  into  the  monastery  out  of  servitude,  unless  there 
be  some  other  good  reason.  But  if  it  seems  right  and  fitting 
to  the  abbot,  let  him  show  preference  to  anyone  of  any 
rank  whatsoever;  otherwise  let  them  keep  their  own  places. 
For  whether  slave  or  free,  we  are  all  one  in  Christ  [Gal. 
3 :28]  and  bear  the  same  yoke  of  servitude  to  the  one 
Lord,  for  there  is  no  respect  of  persons  with  God  [Rom. 
2:11].  For  we  have  special  favor  in  His  sight  only  in 
so  far  as  we  excel  others  in  all  good  works  and  in  humility. 
Therefore,  the  abbot  should  have  the  same  love  toward  all  and 
should  subject  all  to  the  same  discipline  according  to  their 
respective  merits.  In  his  discipline  the  abbot  should  follow 
the  rule  of  the  apostle  who  says :  "Reprove,  rebuke,  exhort" 
[2  Tim.  4:2].  That  is,  he  should  suit  his  methods  to  the 
occasion,  using  either  threats  or  compliments,  showing  him- 
self either  a  hard  master  or  a  loving  father,  according  to  the 
needs  of  the  case.  Thus  he  should  reprove  harshly  the  ob- 


No.  251]  MONASTICISM  437 

durate  and  the  disobedient,  but  the  obedient,  the  meek,  and 
the  gentle  he  should  exhort  to  grow  in  grace.  We  advise  also 
that  he  rebuke  and  punish  those  who  neglect  and  scorn  his 
teaching.  He  should  not  disregard  the  transgressions  of  sin- 
ners, but  should  strive  to  root  them  out  as  soon  as  they  appear, 
remembering  the  peril  of  Eli,  the  priest  of  Siloam  [1  Sam. 
chaps.  1-4].  Let  him  correct  the  more  worthy  and  intelligent 
with  words  for  the  first  or  second  time,  but  the  wicked  and 
hardened  and  scornful  and  disobedient  he  should  punish  with 
blows  in  the  very  beginning  of  their  fault,  as  it  is  written :  "A 
fool  is  not  bettered  by  words"  [cf.  Prov.  17:10];  and  again 
"Thou  shalt  beat  him  with  the  rod,  and  shalt  deliver  his  soul 
from  hell"  [Prov.  23:14]. 

The  abbot  should  always  remember  his  office  and  his  title, 
and  should  realize  that  as  much  is  intrusted  to  him,  so  also 
much  will  be  required  from  him.  Let  him  realize  how  diffi- 
cult and  arduous  a  task  he  has  undertaken,  to  rule  the  hearts 
and  care  for  the  morals  of  many  persons,  who  require,  one 
encouragements,  another  threats,  and  another  persuasion. 
Let  him  so  adapt  his  methods  to  the  disposition  and  intelli- 
gence of  each  one  that  he  may  not  only  preserve  the  flock 
committed  to  him  entire  and  free  from  harm,  but  may  even 
rejoice  in  its  increase. 

Above  all,  the  abbot  should  not  be  too  zealous  in  the  acquisi- 
tion of  earthly,  transitory,  mortal  goods,  forgetting  and 
neglecting  the  care  of  the  souls  committed  to  his  charge,  but 
he  should  always  remember  that  he  has  undertaken  the  gov- 
ernment of  souls  of  whose  welfare  he  must  render  account. 
Let  him  not  be  troubled  about  the  poverty  of  his  monastery, 
since  it  is  written:  "Seek  ye  first  the  kingdom  of  God,  and 
his  righteousness ;  and  all  these  things  shall  be  added  unto 
you"  [Matt.  6 :33]  ;  and  again,  "For  there  is  no  want  to  them 
that  fear  him"  [Ps.  34:9].  Let  him  know  that  those  who 
undertake  the  care  of  souls  must  be  ready  to  render  an  account 
of  them.  So  he  must  make  a  reckoning  to  God  on  the  day  of 


438    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

judgment  for  all  the  souls  according  to  the  number  of  the 
brothers  under  his  charge,  and  of  his  own  soul  as  well.  There- 
fore, while  he  keeps  in  mind  the  account  which  he  must  render 
of  the  sheep  committed  to  him,  and  guards  the  interests  of 
others,  he  is  also  solicitous  for  his  own  welfare ;  and  while  he 
administers  correction  to  others  by  his  preaching,  he  also  frees 
himself  from  sin. 

Ch.  3.  Talcing  counsel  with  the  brethren. — Whenever  im- 
portant matters  come  up  in  the  monastery,  the  abbot  should 
call  together  the  whole  congregation  [that  is,  all  the  monks], 
and  tell  them  what  is  under  consideration.  After  hearing  the 
advice  of  the  brothers,  he  should  reflect  upon  it  and  then  do 
what  seems  best  to  him.  We  advise  the  calling  of  the  whole 
congregation,  because  the  Lord  often  reveals  what  is  best  to 
one  of  the  younger  brothers.  But  let  the  brethren  give  their 
advice  with  all  humility,  and  not  defend  their  opinions  too 
boldly;  rather  let  them  leave  it  to  the  decision  of  the  abbot, 
and  all  obey  him.  But  while  the  disciples  ought  to  obey  the 
master,  he  on  his  part  ought  to  manage  all  things  justly  and 
wisely.  Let  everyone  in  the  monastery  obey  the  rule  in  all 
things,  and  let  no  one  depart  from  it  to  follow  the  desires  of 
his  own  heart.  Let  no  one  of  the  brethren  presume  to  dispute 
the  authority  of  the  abbot,  either  within  or  without  the  mon- 
astery ;  if  anyone  does  so,  let  him  be  subjected  to  the  discipline 
prescribed  in  the  rule.  But  the  abbot  should  do  all  things  in 
the  fear  of  the  Lord,  knowing  that  he  must  surely  render 
account  to  God,  the  righteous  judge,  for  all  his  decisions.  If 
matters  of  minor  importance  are  to  be  considered,  concerning 
the  welfare  of  the  monastery,  let  the  abbot  take  counsel  with 
the  older  brethren,  as  it  is  written :  "  Do  all  things  with 
counsel,  and  after  it  is  done  thou  wilt  not  repent "  [Ecclesi- 
asticus  32:24]. 

Ch.  4.  The  instruments  of  good  works. — First,  to  love  the 
Lord  God  with  all  the  heart,  and  with  all  the  soul,  and  with 
all  the  strength,  and  then  his  neighbor  as  himself.  Then  not 


No.  251]  MONASTICISM  439 

to  kill,  not  to  commit  adultery,  not  to  steal,  not  to  covet,  not 
to  bear  false  witness,  to  honor  all  men,  and  not  to  do  to  an- 
other what  he  would  not  have  another  do  to  him.  To  deny 
himself  that  he  may  follow  Christ,  to  chasten  the  hody,  to 
renounce  luxuries,  to  love  fasting.  To  feed  the  poor,  to  clothe 
the  naked,  to  visit  the  sick,  to  bury  the  dead,  to  offer  help  in 
trouble,  to  comfort  the  sorrowing.  To  separate  himself  from 
the  things  of  the  world,  to  prefer  nothing  above  the  love  of 
Christ,  not  to  give  way  to  anger,  not  to  bear  any  grudge,  not 
to  harbor  deceit  in  the  heart,  not  to  give  false  peace,  not  to 
be  wanting  in  charity.  Not  to  swear,  lest  he  perjure  himself ; 
to  speak  the  truth  from  the  heart.  Not  to  return  evil  for 
evil.  Not  to  injure  others,  but  to  suffer  injuries  patiently. 
To  love  his  enemies.  Not  to  return  curse  for  curse,  but 
rather  to  bless;  to  suffer  persecution  for  righteousness'  sake. 
Not  to  be  proud,  nor  drunken,  nor  a  glutton,  nor  given  to 
much  sleeping,  nor  slothful,  nor  complaining,  nor  slanderous. 
To  put  his  hope  in  God ;  when  he  sees  anything  good  in  himself 
to  ascribe  it  to  God,  and  when  he  does  any  evil,  to  ascribe  it 
to  himself.  To  fear  the  day  of  judgment,  to  be  in  terror  of 
hell,  to  yearn  with  all  spiritual  longing  for  eternal  life,  and 
to  keep  ever  before  his  eyes  the  thought  of  approaching  death. 
To  guard  his  acts  in  every  hour  of  his  life,  to  remember  that 
God  seeth  him  in  every  place,  to  crush  down  with  the  aid  of 
Christ  the  evil  thoughts  arising  in  his  heart  and  to  confess 
them  to  his  spiritual  superior.  To  keep  his  mouth  from  evil 
and  vain  talk,  not  to  love  much  speaking,  not  to  speak  vain 
and  frivolous  words,  not  to  love  much  and  loud  laughter.  To 
listen  gladly  to  holy  reading,  to  pray  frequently,  to  confess 
daily  in  prayers  to  God  his  past  sins  with  tears  and  groaning, 
and  to  keep  himself  free  from  those  sins  afterward.  Not  to 
yield  to  the  desire  of  the  flesh,  to  hate  his  own  will,  to  obey 
the  commands  of  the  abbot  in  all  things,  even  if  the  abbot 
(which  God  forbid)  should  himself  do  otherwise  than  he 
preaches,  remembering  the  word  of  the  Lord :  "What  they  say, 


440    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

do ;  but  what  they  do,  do  ye  not."  Not  to  wish  to  be  called 
holy  before  he  is  so,  but  rather  to  strive  to  be  holy  that  he 
may  be  truly  so  called ;  to  obey  the  commandments  of  God  in 
his  daily  life,  to  love  chastity,  to  hate  no  one,  not  to  be  jealous 
or  envious,  not  to  be  fond  of  strife,  to  avoid  pride,  to  reverence 
his  elders  and  cherish  those  younger  than  himself,  to  pray 
for  his  enemies  through  the  love  of  Christ,  to  agree  with  his 
adversary  before  the  going  down  of  the  sun,  and  never  to 
despair  of  the  mercy  of  God. 

Lo,  these  are  the  implements  of  the  spiritual  profession.  If 
they  have  been  constantly  employed  by  us  night  and  day,  and 
are  reckoned  up  and  placed  to  our  credit  at  the  last  judgment, 
we  shall  receive  that  reward  which  the  Lord  himself  has 
promised:  "Eye  hath  not  seen,  nor  ear  heard,  neither  have 
entered  into  the  heart  of  man,  the  things  which  God  hath  pre- 
pared for  them  that  love  him"  [1  Cor.  2:9].  But  these 
graces  must  be  exercised  in  the  cloister  of  the  monastery  by 
strict  adherence  to  the  vows  and  obedience  to  the  rule. 

Ch.  5.  Obedience. — The  first  grade  of  humility  is  obedience 
without  delay,  which  is  becoming  to  those  who  hold  nothing 
dearer  than  Christ.  So,  when  one  of  the  monks  receives  a 
command  from  a  superior,  he  should  obey  it  immediately,  as 
if  it  came  from  God  himself,  being  impelled  thereto  by  the 
holy  service  he  has  professed  and  by  the  fear  of  hell  and  the 
desire  of  eternal  life.  Of  such  the  Lord  says :  "  As  soon  as 
he  heard  of  me,  he  obeyed  me"  [Ps.  17:44]  ;  and  again  to 
the  apostles,  "He  that  heareth  you,  heareth  me"  [Luke 
10:16].  Such  disciples,  when  they  are  commanded,  immedi- 
ately abandon  their  own  business  and  their  own  plans,  leaving 
undone  what  they  were  at  work  upon.  With  ready  hands  and 
willing  feet  they  hasten  to  obey  the  commands  of  their 
superior,  their  act  following  on  the  heels  of  his  command, 
and  both  the  order  and  the  fulfilment  occurring,  as  it  were, 
in  the  same  moment  of  time — such  promptness  does  the  fear 
of  the  Lord  inspire. 


No.  251]  MONASTIC1SM  441 

Good  disciples  who  are  inspired  by  the  desire  for  eternal  life 
gladly  take  up  that  narrow  way  of  which  the  Lord  said :  "Nar- 
row is  the  way  which  leadeth  unto  life"  [Matt.  7:14].  They 
have  no  wish  to  control  their  own  lives  or  to  obey  their  own 
will  and  desires,  but  prefer  to  be  ruled  by  an  abbot,  and  to  live 
in  a  monastery,  accepting  the  guidance  and  control  of  another. 
Surely  such  disciples  follow  the  example  of  the  Lord  who  said : 
"  I  came  not  to  do  mine  own  will,  but  the  will  of  him  that 
sent  me"  [John  6:38].  But  this  obedience  will  be  accept- 
able to  God  and  pleasing  to  men  only  if  it  be  not  given  fear- 
fully, or  half-heartedly,  or  slowly,  or  with  grumbling  and 
protests.  For  the  obedience  which  is  given  to  a  superior  is 
given  to  God,  as  he  himself  has  said :  "  Who  heareth  you, 
heareth  me"  [Luke  10:16].  Disciples  ought  to  obey  with 
glad  hearts,  "for  the  Lord  loveth  a  cheerful  giver"  [2  Cor. 
9:7].  If  the  disciple  obeys  grudgingly  and  complains  even 
within  his  own  heart,  his  obedience  will  not  be  accepted  by 
God,  who  sees  his  unwilling  heart;  he  will  gain  no  favor  for 
works  done  in  that  spirit,  but,  unless  he  does  penance  and 
mends  his  ways,  he  will  rather  receive  the  punishment  of 
those  that  murmur  against  the  Lord's  commands. 

Ch.  6.  Silence. — Let  us  do  as  the  prophet  says :  "  I  said, 
I  will  take  heed  to  my  ways  that  I  sin  not  with  my  tongue ;  I 
will  keep  my  tongue  with  a  bridle.  I  was  dumb  with  silence, 
I  held  my  peace  even  from  good"  [Ps.  39:1,  2].  This  is 
the  meaning  of  the  prophet :  if  it  is  right  to  keep  silence  even 
from  good,  how  much  more  ought  we  to  refrain  from  speaking 
evil,  because  of  the  punishment  for  sin.  Therefore,  although 
it  may  be  permitted  to  the  tried  disciples  to  indulge  in  holy 
and  edifying  discourse,  even  this  should  be  done  rarely,  as  it 
is  written :  "  In  a  multitude  of  words  there  wanteth  not  sin  " 
[Prov.  10 :19],  and  again :  "Death  and  life  are  in  the  power  of 
the  tongue"  [Prov.  18:21].  For  it  is  the  business  of  the 
master  to  speak  and  instruct,  and  that  of  the  disciples  to 
hearken  and  be  silent.  And  if  the  disciple  must  ask  anything 


442    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  his  superior,  let  him  ask  it  reverently  and  humbly,  lest  he 
seem  to  speak  more  than  is  becoming.  Filthy  and  foolish 
talking  and  jesting  we  condemn  utterly,  and  forbid  the  dis- 
ciple ever  to  open  his  mouth  to  utter  such  words. 

Ch.  7.  Humility. — Brethren,  the  holy  Scripture  saith: 
"And  whosoever  shall  exalt  himself  shall  be  abased;  and  he 
that  shall  humble  himself  shall  be  exalted"  [Matt.  23:12]. 
Here  we  are  shown  that  all  exaltation  is  of  a  piece  with  pride, 
which  the  prophet  tells  us  he  avoids,  saying :  "  Lord,  my  heart 
is  not  haughty  nor  mine  eyes  lofty,  neither  do  I  exercise  my- 
self in  great  matters,  or  in  things  too  high  for  me.  Surely  I 
have  behaved  and  quieted  myself,  as  a  child  that  is  weaned 
of  its  mother;  my  soul  is  as  a  weaned  child"  [Ps.  131 :1,  2]. 
Therefore,  brethren,  if  we  wish  to  attain  to  the  highest  meas- 
ure of  humility  and  to  that  exaltation  in  heaven  which  is  only 
to  be  gained  by  lowliness  on  earth,  we  must  raise  to  heaven 
by  our  deeds  such  a  ladder  as  appeared  to  Jacob  in  his  dream, 
whereon  he  saw  angels  ascending  and  descending.  For  the 
meaning  of  that  figure  is  that  we  ascend  by  humility  of  heart 
and  descend  by  haughtiness.  And  the  ladder  is  our  life  here 
below  which  God  raises  to  heaven  for  the  lowly  of  heart.  Our 
body  and  soul  are  the  two  sides  of  the  ladder,  in  which  by  deeds 
consistent  with  our  holy  calling  we  insert  steps  whereby  we 
may  ascend  to  heaven. 

Now  the  first  step  of  humility  is  this,  to  escape  destruction 
by  keeping  ever  before  one's  eyes  the  fear  of  the  Lord,  to 
remember  always  the  commands  of  the  Lord,  for  they  who 
scorn  him  are  in  danger  of  hell-fire,  and  to  think  of  the  eternal 
life  that  is  prepared  for  them  that  fear  him.  So  a  man 
should  keep  himself  in  every  hour  from  the  sins  of  the  heart, 
of  the  tongue,  of  the  eyes,  of  the  hands,  and  of  the  feet.  He 
should  cast  aside  his  own  will  and  the  desires  of  the  flesh ;  he 
should  think  that  God  is  looking  down  on  him  from  heaven 
all  the  time,  and  that  his  acts  are  seen  by  God  and  reported 
to  him  hourly  by  his  angels.  For  the  prophet  shows  that  the 


No.  251]  MONASTICISM  443 

Lord  is  ever  present  in  the  midst  of  our  thoughts,  when  he 
says:  "God  trieth  the  hearts  and  the  reins"  [Ps.  7:9],  and 
again,  "  The  Lord  knoweth  the  thoughts  of  men  "  [Ps.  94 :11], 
and  again  he  says :  "  Thou  hast  known  my  thoughts  from 
afar"  [Ps.  139:2],  and  "The  thoughts  of  a  man  are  known 
to  thee"  [Ps.  76:11].  So  a  zealous  brother  will  strive 
to  keep  himself  from  perverse  thoughts  by  saying  to  him- 
self: "Then  only  shall  I  be  guiltless  in  his  sight,  if  I  have 
kept  me  from  mine  iniquity"  [Ps.  18:23].  And  the  holy 
Scriptures  teach  us  in  divers  places  that  we  should  not  do 
our  own  will ;  as  where  it  says :  "  Turn  from  thine  own  will " 
[Ecclesiasticus  18  :30]  ;  and  where  we  ask  in  the  Lord's  Prayer 
that  his  will  be  done  in  us ;  and  where  it  warns  us :  "  There  is 
a  way  that  seemeth  right  unto  a  man,  but  the  end  thereof  are 
the  ways  of  death  "  [Prov.  14 :12] ;  and  again,  concerning  the 
disobedient :  "  They  are  corrupt  and  abominable  in  their  de- 
sires" [Ps.  14:1].  And  we  should  always  remember  that 
God  is  aware  of  our  fleshly  desires ;  as  the  prophet  says,  speak- 
ing to  the  Lord:  "All  my  desire  is  before  thee"  [Ps.  38:9]. 
Therefore,  we  should  shun  evil  desires,  for  death  lieth  in  the 
way  of  the  lusts;  as  the  Scripture  shows,  saying:  "Go  not 
after  thy  lusts"  [Ecclesiasticus  18:30].  Therefore  since  the 
eyes  of  the  Lord  are  upon  the  good  and  the  wicked,  and  since 
"the  Lord  looked  down  from  heaven  upon  the  children  of 
men  to  see  if  there  were  any  that  did  understand  and  seek 
God"  [Ps.  14:2],  and  since  our  deeds  are  daily  reported  to 
him  by  the  angels  whom  he  assigns  to  each  one  of  us;  then, 
surely,  brethren,  we  should  be  on  our  guard  every  hour,  lest 
at  any  time,  as  the  prophet  says  in  the  Psalms,  the  Lord 
should  look  down  upon  us  as  we  are  falling  into  sin,  and 
should  spare  us  for  a  space,  because  he  is  merciful  and  desires 
our  conversion,  but  should  say  at  the  last:  "These  things 
hast  thou  done  and  I  kept  silence"  [Ps.  50:21]. 

The  second  step  of  humility  is  this,  that  a  man  should 
not  delight  in  doing  his  own  will  and  desires,  but  should 


444    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

imitate  the  Lord  who  said:  "I  came  not  to  do  mine  own 
will,  but  the  will  of  him  that  sent  me"  [John  6:38].  And 
again  the  Scripture  saith:  "Lust  hath  its  punishment,  but 
hardship  winneth  a  crown." 

The  third  step  of  humility  is  this,  that  a  man  be  subject 
to  his  superior  in  all  obedience  for  the  love  of  God,  imitating 
the  Lord,  of  whom  the  apostle  says :  "He  became  obedient  unto 
death"  [Phil.  2:8]. 

The  fourth  step  of  humility  is  this,  that  a  man  endure 
all  the  hard  and  unpleasant  things  and  even  undeserved  in- 
juries that  come  in  the  course  of  his  service,  without  wearying 
or  withdrawing  his  neck  from  the  yoke,  for  the  Scripture 
saith:  "He  that  endureth  to  the  end  shall  be  saved"  [Matt. 
10 :22],  and  again :  "Comfort  thy  heart  and  endure  the  Lord" 
[Ps.  27:14].  And  yet  again  the  Scripture,  showing  that  the 
faithful  should  endure  all  unpleasant  things  for  the  Lord, 
saith,  speaking  in  the  person  of  those  that  suffer:  "Yea,  for 
thy  sake  are  we  killed  all  the  day  long;  we  are  counted  as 
sheep  for  the  slaughter"  [Ps.  44 :22]  ;  and  again,  rejoicing 
in  the  sure  hope  of  divine  reward:  "In  all  things  we  are 
more  than  conquerors  through  him  that  loved  us"  [Rom. 
8 :37]  ;  and  again  in  another  place :  "For  thou,  0  God,  hast 
proved  us ;  thou  hast  tried  us  as  silver  is  tried ;  thou  broughtest 
us  into  the  net,  thou  laidst  affliction  upon  our  loins"  [Ps. 
66:10  f] ;  and  again  to  show  that  we  should  be  subject  to  .a 
superior :  "Thou  hast  placed  men  over  our  heads"  [Ps.  66  :12]. 
Moreover,  the  Lord  bids  us  suffer  injuries  patiently,  saying: 
"Whosoever  shall  smite  thee  on  the  right  cheek,  turn  to  him 
the  other  also.  And  if  any  man  will  sue  thee  at  the  law,  and 
take  away  thy  coat,  let  him  have  thy  cloak  also.  And  who- 
soever shall  compel  thee  to  go  a  mile,  go  with  him  twain" 
[Matt.  5:39-41].  And  with  the  apostle  Paul  we  should  suffer 
with  false  brethren,  and  endure  persecution,  and  bless  them 
that  curse  us. 


No.  251]  MONASTICISM  445 

The  fifth  step  of  humility  is  this,  that  a  man  should  not 
hide  the  evil  thoughts  that  arise  in  his  heart  or  the  sins 
which  he  has  committed  in  secret,  but  should  humbly  confess 
them  to  his  abbot;  as  the  Scripture  exhorteth  us,  saying: 
"Commit  thy  way  unto  the  Lord,  trust  also  in  him"  [Ps. 
37 :5] ;  and  again :  "0,  give  thanks  unto  the  Lord,  for  he  is 
good;  for  his  mercy  endureth  forever"  [Ps.  106:1];  and 
yet  again  the  prophet  saith:  "I  have  acknowledged  my  sin 
unto  thee,  and  mine  iniquity  have  I  not  hid.  I  said,  I  will 
confess  my  transgressions  unto  the  Lord;  and  thou  forgavest 
the  iniquity  of  my  sin"  [Ps.  32:5]. 

The  sixth  step  of  humility  is  this,  that  the  monk  should 
be  contented  with  any  lowly  or  hard  condition  in  which  he 
may  be  placed,  and  should  always  look  upon  himself  as  an 
unworthy  laborer,  not  fitted  to  do  what  is  intrusted  to  him; 
saying  to  himself  in  the  words  of  the  prophet :  "I  was  reduced 
to  nothing  and  was  ignorant;  I  was  as  a  beast  before  thee 
and  I  am  always  with  thee"  [Ps.  73 :22  f ]. 

The  seventh  step  of  humility  is  this,  that  he  should  not 
only  say,  but  should  really  believe  in  his  heart  that  he  is  the 
lowest  and  most  worthless  of  all  men,  humbling  himself  and 
saying  with  the  prophet:  "I  am  a  worm  and  no  man;  a 
reproach  of  men,  and  despised  of  all  people"  [Ps.  22 :6] ; 
and  "I  that  was  exhalted  am  humbled  and  confounded"  [Ps. 
88:15];  and  again:  "It  is  good  for  me  that  I  have  been 
afflicted,  that  I  might  learn  thy  statutes"  [Ps.  119:71]. 

The  eighth  step  of  humility  is  this,  that  the  monk  should 
follow  in  everything  the  common  rule  of  the  monastery  and 
the  examples  of  his  superiors. 

The  ninth  step  of  humility  is  this,  that  the  monk  should 
restrain  his  tongue  from  speaking,  and  should  keep  silent  even 
from  questioning,  as  the  Scripture  saith :  "In  a  multitude  of 
words  there  wanteth  not  sin"  [Prov.  10:19],  and  "Le.t  not 
an  evil  speaker  be  established  in  the  earth"  [Ps.  140:11]. 


446    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

The  tenth  step  of  humility  is  this,  that  the  monk  should 
be  not  easily  provoked  to  laughter,  as  it  is  written :  "The  fool 
raiseth  his  voice  in  laughter"  [Ecclesiasticus  21:23]. 

The  eleventh  step  of  humility  is  this,  that  the  monk,  when 
he  speaks,  should  do  so  slowly  and  without  laughter,  softly 
and  gravely,  using  few  words  and  reasonable,  and  that  he 
should  not  be  loud  of  voice ;  as  it  is  written :  "A  wise  man  is 
known  for  his  few  words." 

The  twelfth  step  of  humility  is  this,  that  the  monk  should 
always  be  humble  and  lowly,  not  only  in  his  heart,  but  in  his 
bearing  as  well.  Wherever  he  may  be,  in  divine  service,  in  the 
oratory,  in  the  garden,  on  the  road,  in  the  fields,  whether  sit- 
ting, walking,  or  standing,  he  should  always  keep  his  head 
bowed  and  his  eyes  upon  the  ground.  He  should  always  be 
meditating  upon  his  sins  and  thinking  of  the  dread  day  of 
judgment,  saying  to  himself  as  did  that  publican  of  whom  the 
gospel  speaks :  "Lord,  I  am  not  worthy,  I  a  sinner,  so  much 
as  to  lift  mine  eyes  up  to  heaven"  [Luke  18:13];  and  again 
with  the  prophet :  "I  am  bowed  down  and  humbled  every- 
where" [Ps.  119:107]. 

Now  when  the  monk  has  ascended  all  these  steps  of  humility, 
he  will  arrive  at  that  perfect  love  of  God  which  casteth  out 
all  fear  [1  John  4 :18].  By  that  love  all  those  commandments 
which  he  could  not  formerly  observe  without  grievous  effort 
and  struggle,  he  will  now  obey  naturally  and  easily,  as  if 
by  habit;  not  in  the  fear  of  hell,  but  in  the  love  of  Christ 
and  by  his  very  delight  in  virtue.  And  thus  the  Lord  will 
show  the  working  of  his  holy  Spirit  in  this  his  servant,  freed 
from  vices  and  sins. 

Ch.  8.  Divine  worship  at  night  [vigils]. — During  the  win- 
ter ;  that  is,  from  the  first  of  November  to  Easter,  the  monks 
should  rise  at  the  eighth  hour  of  the  night;  a  reasonable 
arrangement,  since  by  that  time  the  monks  will  have  rested 
a  little  more  than  half  the  night  and  will  have  digested  their 
food.  Those  brothers  who  failed  in  the  psalms  or  the  read- 


No.  251]  MONASTICISM  447 

ings  shall  spend  the  rest  of  the  time  after  vigils  (before  the 
beginning  of  matins)  in  pious  meditation.  From  Easter  to 
the  first  of  November  matins  shall  begin  immediately  after 
daybreak,  allowing  the  brothers  a  little  time  for  attending  to 
the  necessities  of  nature. 

Ch.  9.  The  psalms  to  be  said  at  night.1 — During  the  win- 
ter time,  the  order  of  service  shall  be  as  follows:  first  shall 
be  recited,  the  verse  ["Make  haste,  0  God,  to  deliver  me; 
make  haste  to  help  me,  0  God,"  Ps.  70 :1]  ;  then  this  verse 
three  times:  "0  Lord,  open  thou  my  lips  and  my  mouth 
shall  show  forth  thy  praise"  [Ps.  51 :15] ;  then  the  third 
psalm  and  the  Gloria,  the  94th  Psalm  responsively  or  in  uni- 
son, a  hymn,  and  six  psalms  responsively.  After  this  the 
abbot  shall  give  the  benediction  with  the  aforesaid  verse,  and 
the  brothers  shall  sit  down.  Three  lessons  from  the  gospels 
with  three  responses  shall  then  be  read  from  the  lecturn  by 
the  brothers  in  turn.  The  first  two  responses  shall  be  sung 
without  the  Gloria,  but  in  the  third  response  which  follows  the 
last  reading  the  cantor  shall  sing  the  Gloria,  the  monks  ris- 
ing from  their  seats  at  the  beginning  of  it  to  show  honor  and 
reverence  to  the  holy  Trinity.  Passages  are  to  be  read  from 
the  Old  and  New  Testaments  in  the  vigils,  and  also  the  exposi- 
tions of  these  passages  left  by  the  accepted  orthodox  Catholic 
fathers.  After  the  three  readings  and  the  responses,  six 
psalms  with  the  Halleluia  shall  follow,  then  a  reading  from 
the  epistles  recited  from,  memory,  and  the  usual  verses,  the 
vigils  concluding  with  the  supplication  of  the  litany,  "Kyrie 
eleison." 

i  The  numbering  of  the  psalms  in  the  authorized  version  differs 
from  their  numbering  in  the  Vulgate.  We  have  followed  the  num- 
berings  of  the  latter  in  those  passages  of  the  Rule  in  which  the 
psalms  for  the  services  are  given.  But  in  quotations  from  the  psalms 
we  have  followed  the  translation  as  well  as  the  numbering  of  the 
authorized  version,  except  occasionally  when  the  translation  in  the 
authorized  version  does  not  give  the  sense  required  by  the  context 
of  the  Rule.  In  these  cases  we  have  translated  the  Latin  of  the 


448    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

Vulgate.     The  following  table  gives   the  corresponding  numbers  in 
each  version: 

•   Authorized  Version.  Vulgate. 

1—  10  1—  10 

11—113  10—112 

114—115  113 

116  114—115 

117—146  116—145 

147  146—147 

148—150  148—150 

In  the  Vulgate  there  are  two  psalms  having  the  same  number  10. 

Ch.  10.  The  order  of  vigils  in  summer. — From  Easter 
to  the  first  of  November  the  above  order  of  worship  shall  be 
observed,  except  that  the  reading  shall  be  shortened  because 
of  the  shorter  nights;  that  is,  in  place  of  the  three  lessons, 
one  lesson  from  the  Old  Testament  shall  be  recited  from 
memory,  with  the  short  response.  The  rest  of  the  service 
shall  be  observed  as  described  above,  so  that  the  number  of 
psalms  read  shall  never  be  less  than  twelve,  not  counting 
the  3d  and  the  94th. 

Ch.  11.  The  order  of  vigils  on  Sunday. — On  Sunday  the 
brothers  shall  rise  earlier  than  on  other  days.  The  order  of 
service  in  the  vigils  of  Sunday  shall  be  as  follows :  first,  six 
psalms  and  the  verse  are  to  be  said  as  described  above;  then 
the  brothers,  sitting  down,  shall  read  in  order  from  their  seats 
four  lessons  from  the  gospels,  with  responses,  and  in  the  fourth 
response  the  cantor  shall  sing  the  Gloria,  at  the  beginning  of 
which  all  shall  rise  to  show  reverence.  After  the  lessons  six 
other  psalms  shall  be  said  responsively  and  the  verse;  then 
four  more  lessons  shall  be  read  with  the  responses  as  before; 
then  three  canticles  chosen  from  the  prophets  by  the  abbot 
shall  be  sung  with  the  Halleluia ;  then  after  the  verse  and  the 
benediction  of  the  abbot,  four  other  lessons  shall  be  read 
from  the  New  Testament  in  the  same  order  as  above,  and 
after  the  fourth  response  the  abbot  shall  begin  the  hymn 
"We  praise  thee,  0  Lord"  (Te  Deum  laudamus),  following 


No.  251]  MONASTICISM  449 

it  with  a  lesson  from  the  Gospel,  during  which  all  rise  to  show 
reverence  and  honor  to  God.  After  the  reading  all  shall 
respond  "Amen,"  and  the  abbot  shall  begin  the  hymn :  "It 
is  a  good  thing  to  praise  the  Lord" ;  then  the  abbot  shall  give 
the  benediction,  and  the  matins  shall  be  begun.  This  order 
of  service  is  to  be  observed  on  all  Sundays,  winter  and  summer, 
unless  it  should  happen,  which  God  forbid,  that  the  brethren 
are  late  in  rising,  in  which  case  the  readings  and  responses 
may  be  shortened.  But  care  should  be  taken  that  this  does 
not  happen,  and  if  it  does,  he  whose  negligence  caused  the 
delay  should  make  satisfaction  to  God  for  his  fault  by  doing 
penance  in  the  oratory. 

Ch.  12.  The  order  of  matins  on  Sunday. — In  the  matins 
on  the  Lord's  day  the  order  of  service  shall  be  as  follows :  first, 
the  66th  Psalm  in  unison,  then  the  50th  Psalm  with  the 
Halleluia,  then  the  117th  and  the  62d  Psalms,  the  Benedic- 
tions [that  is,  Dan.  3:52-90],  and  the  Laudes  [that  is, 
Pss.  148,  149,  150],  a  lesson  from  Revelation  recited  from 
memory,  a  response,  a  hymn,  the  usual  verse,  and  a  song 
from  the  Gospel,  concluding  with  the  litany,  and  the  bene- 
diction. 

Ch.  13.  The  order  of  matins  on  week  days. — On  week 
days  the  order  of  service  in  the  matins  shall  be  as  follows: 
first,  the  66th  Psalm  recited  somewhat  slowly  as  on  Sunday, 
in  order  that  all  may  be  in  their  places  in  time  to  join  in  the 
50th  Psalm,  which  is  to  be  recited  responsively ;  then  two 
psalms  for  the  day  according  to  this  schedule:  on  Monday, 
the  5th  and  the  35th ;  on  Tuesday,  the  42d  and  the  56th ;  on 
Wednesday,  the  63d  and  the  64th;  on  Thursday,  the  87th  and 
the  89th;  on  Friday  the  75th  and  the  91st;  and  on  Saturday, 
the  142d  and  the  song  from  Deuteronomy  [33:1-43],  the  last 
being  divided  by  two  Glorias.  On  other  days,  the  songs  from 
the  prophets  are  to  be  sung,  each  on  its  proper  day,  according 
to  the  custom  of  the  Roman  church.  Then  shall  follow  the 
lauds,  a  lesson  from  the,  epistles  recited  from  memory,  the 


response,  a  hymn,  the  verse,  and  a  song  from  the  Gospel, 
concluding  with  the  litany  and  the  benediction.  At  the  close 
of  matins  and  vespers  every  day,  the  superior  shall  recite 
the  Lord's  prayer  in  the  hearing  of  all,  because  of  the  quarrels 
which  are  apt  to  occur  among  the  monks;  so  that  the 
brethren,  in  their  hearts  uniting  in  the  petition,  "Forgive 
us  our  trespasses  as  we  forgive  those  that  trespass  against 
us,"  may  cleanse  their  hearts  from  sins  of  this  sort.  In  other 
services,  the  last  part  of  the  prayer,  "Deliver  us  from  evil," 
shall  be  said  responsively  by  all. 

Ch.  14.  The  order  of  vigils  on  Saints'  days. — On  Saints' 
days  and  on  all  feast  days,  the  order  of  service  shall  be  the 
same  as  that  for  Sunday  as  described  above,  except  that  the 
psalms  and  responses  and  readings  belonging  to  the  particu- 
lar day  shall  be  used. 

Ch.  15.  The  occasions  on  which  the  Halleluia  shall  be 
said. — From  Easter  to  Pentecost  the  Halleluia  shall  be  said 
with  the  psalms  and  responses.  From  Pentecost  to  the  begin- 
ning of  Lent  in  the  vigils  of  the  night  the  Halleluia  shall 
be  said  only  with  the  last  six  psalms;  on  Sundays,  except  in 
Lent,  the  Halleluia  shall  be  said  also  with  the  songs  at  matins, 
prime,  terce,  sext,  and  nones,  but  at  vespers  the  songs  shall 
be  said  responsively.  The  responses  shall  not  be  said  with 
the  Halleluia  except  during  the  season  from  Easter  to 
Pentecost. 

Ch.  16.  The  order  of  divine  worship  during  the  day. — 
The  prophet  says:  "Seven  times  a  day  do  I  praise  thee" 
[Ps.  119:164];  and  we  observe  this  sacred  number  in  the 
seven  services  of  the  day;  that  is,  matins,  prime,  terce,  sext, 
nones,  vespers,  and  completorium ;  for  the  hours  of  the  day- 
time are  plainly  intended  here,  since  the  same  prophet  pro- 
vides for  the  nocturnal  vigils,  when  he  says  in  another  place : 
"At  midnight  I  will  rise  to  give  thanks  unto  thee"  [Ps. 
119:62].  We  should  therefore  praise  the  Creator  for  his 
righteous  judgments  at  the  aforesaid  times:  matins,  prime, 


No.  251]  MONASTICISM  451 

terce,  sext,  nones,  vespers,  and  completorium;  and  at  night 
we  should  rise  to  give  thanks  unto  Him.1 

i  There  were  eight  services  to  be  held  every  day.  The  night  service 
was  called  vigils  and  was  held  some  time  between  midnight  and 
early  dawn,  perhaps  as  early  as  2  A.M.  in  summer,  and  as  late  as  4 
or  5  in  winter.  The  first  service  of  the  day  was  called  matins.  It 
followed  vigils  'after  a  short  interval.  It  was  supposed  to  begin 
about  daybreak,  which  is  also  an  indefinite  expression  and  not  a 
clearly  fixed  moment.  The  service  of  prime  began  with  the  rirst 
period  of  the  day,  terce  with  the  third,  sext  with  the  sixth,  and 
nones  with  the  ninth.  Vespers,  as  its  name  indicates,  began  toward 
evening.  Completorium,  or  compline,  was  the  last  service  of  the  day 
and  took  place  just  before  the  monks  went  to  bed. 

These  designations  of  time  are  necessarily  very  inaccurate  and 
indefinite.  Beginning  with  sunrise  the  day  was  divided  into  twelve 
equal  periods  which  were  numbered  from  one  to  twelve.  Beginning 
with  sunset  the  night  was  divided  in  the  same  way.  The  day  periods 
would,  of  course,  be  much  longer  in  summer  than  in  winter.  As 
their  methods. of  measuring  time  were  primitive  and  inaccurate  we 
must  not  suppose  that  the  services  took  place  exactly  and  regularly 
at  the  same  hour  every  day. 

Ch.  17.  The  number  of  psalms  to  be  said  at  these  times. — 
We  have  already  described  the  order  of  psalms  for  the  noc- 
turnal vigils  and  for  matins;  let  us  now  turn  to  the  other 
services.  At  prime,  three  psalms  shall  be  said  separately,  that 
is,  each  with  a  Gloria,  the  verse,  "Make  haste,  0  God,  to 
deliver  me,"  and  the  hymn  for  the  hour  being  said  before 
the  psalms;  then  one  lesson  from  the  Epistles  shall  be  read, 
then  the  verse,  the  "Kyrie  eleison,"  and  the  benediction.  At 
terce,  sext,  and  nones  the  same  order  shall  be  observed: 
first  the  prayer  (that  is,  the  verse,  "Make  haste,  0  God,"  etc.), 
the  hymn  for  the  hour,  the  three  psalms,  the  lesson,  the  verse, 
the  "Kyrie  eleison,"  and  the  benediction.  If  the  congregation 
is  large,  the  psalms  shall  be  said  responsively ;  if  small,  they 
shall  be  said  in  unison.  At  vespers  four  psalms  shall  be 
said  responsively,  then  shall  follow  the  lesson,  the  response, 
the  hymn  for  the  hour,  the  Ambrosian  hymn,  the  verse,  the 


452    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

song  from  the  Gospel,  the  Litany,  the  Lord's  prayer,  and 
the  benediction.  At  completorium,  three  psalms  shall  be  said 
in  unison,  then  the  hymn  for  the  hour,  the  lesson,  the  verse, 
the  "Kyrie  eleison,"  the  benediction,  and  the  dismissal. 

Ch.  18.  The  order  in  which  these  psalms  shall  be  said. — 
All  the  services  of  the  daytime  shall  begin  with  the  verse 
"Make  haste,  0  God,  to  deliver  me;  make  haste  to  help 
me,  0  God,"  followed  by  the  Gloria  and  the  hymn  for  the 
hour.  The  order  in  which  the  psalms  are  to  be  read  in  these 
services  is  as  follows :  at  prime  on  Sunday,  four  sections  of 
the  118th  Psalm,  and  at  the  other  services  on  Sunday,  terce, 
sext,  nones,  three  sections  each  of  the  same  psalm;  at  prime 
on  Monday,  three  psalms,  the  1st,  2d,  and  6th ;  so  on  through 
the  week  to  Sunday  again,  three  psalms  being  said  at  each 
prime  in  the  order  of  arrangement  to  the  19th,  the  9th  and 
the  17th  being  divided  into  two  readings.  In  this  way  vigils 
on  Sunday  will  always  begin  with  the  20th  psalm.  At  terce, 
sext,  and  nones  on  Monday,  the  nine  sections  of  the  118th 
psalm  which  remain  shall  be  said  three  at  each  service,  thus 
reading  the  whole  118th  Psalm  on  the  two  days,  Sunday 
and  Monday.  On  Tuesday  the  nine  psalms  from  the  119th 
to  the  127th  shall  be  read  three  at  each  of  the  services  of 
terce,  sext,  and  nones.  This  order  of  psalms,  and  the  regular 
order  of  hymns,  lessons,  and  verses  is  to  be  observed  through- 
out the  week,  and  on  Sunday  the  reading  shall  begin  again 
with  the  118th  psalm.  At  vespers  four  psalms  are  to  be 
read  daily,  from  the  109th  to  the  147th,  leaving  out  those  that 
are  prescribed  for  the  other  services  (from  the  117th  to  the 
127th,  the  133d,  and  the  142d).  As  this  does  not  make  the 
required  number  of  psalms,  three  for  each  day,  the  longer 
ones  shall  be  divided,  namely,  the  138th,  the  143d,  and  the 
144th;  and  the  116th,  being  very  short,  shall  be  read  with  the 
115th.  The  rest  of  the  service  of  vespers,  the  lesson,  the 
response,  the  hymn,  the  verse,  and  the  song,  shall  be  observed 
as  already  described.  At  completorium,  the  same  psalms 


No.  251]  MONASTICISM  453 

shall  be  read  each  day,  namely,  the  4th,  the  90th,  and  the  133d. 
All  the  rest  of  the  psalms,  not  thus  arranged  for,  shall  be 
divided  equally  among  the  seven  nocturnal  vigils,  the  longer 
ones  being  divided,  making  twelve  readings  for  each  night. 
If  this  particular  order  of  the  psalms  is  not  satisfactory,  it 
may  be  changed;  but  in  any  case,  the  whole  psalter  with  its 
full  number  of  150  psalms  should  be  completed  every  week, 
and  should  be  begun  again  from  the  first  at  the  vigils  on 
Sunday.  Monks  who  read  less  than  the  whole  psalter  with 
the  customary  songs  during  the  course  of  the  week  are 
assuredly  lax  in  their  devotion,  since  we  are  told  that  the 
holy  fathers  were  accustomed  in  their  zeal  to  read  in  a  single 
day  what  we  in  our  indolence  can  scarcely  accomplish  in  a 
whole  week. 

Ch.  19.  The  behavior  of  the  monks  in  the  services. — We 
know  of  course  that  the  divine  presence  is  everywhere,  and 
that  "the  eyes  of  the  Lord  look  down  everywhere  upon  the 
good  and  the  evil,"  but  we  should  realize  this  in  its  fulness, 
especially  when  we  take  part  in  divine  worship.  Remember 
the  words  of  the  prophet :  "Serve  the  Lord  in  all  fear"  [Ps. 
2:11],  and  again  "Sing  wisely"  [Ps.  47:7],  and  yet  again, 
"In  the  sight  of  the  angels  I  will  sing  unto  thee"  [Ps.  138 :!]. 
Let  us  then  consider  how  we  should  behave  in  the  sight  of 
God  and  his  angels,  and  let  us  so  comport  ourselves  in  the 
service  of  praise  that  our  hearts  may  be  in  harmony  with 
our  voices. 

Ch.  20.  The  reverence  to  be  shown  in  prayer. — When  we 
have  any  request  to  make  of  powerful  persons,  we  proffer 
it  humbly  and  reverently;  with  how  much  greater  humility 
and  devotion,  then,  should  we  offer  our  supplications  unto 
God,  the  Lord  of  all.  We  should  realize,  too,  that  we  are 
not  heard  for  our  much  speaking,  but  for  the  purity  and  the 
contrition  of  our  hearts.  So  when  we  pray,  our  prayer  should 
be  simple  and  brief,  unless  we  are  moved  to  speak  by  the 
inspiration  of  the  spirit.  The  prayer  offered  before  the  con- 


454    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

gregation  also  should  be  brief,  and  all  the  brothers  should 
rise  at  the  signal  of  the  superior. 

Ch.  21.  The  deans  of  the  monastery. — In  large  congre- 
gations certain  ones  from  among  the  brothers  of  good  stand- 
ing and  holy  lives  should  be  chosen  to  act  as  deans  and  should 
be  set  to  rule  oyer  certain  parts  under  the  direction  of  the 
abbot.  Only  persons  to  whom  the  abbot  may  safely  intrust 
a  share  of  his  burdens  should  be  selected  for  this  office  and 
they  should  be  chosen  not  according  to  rank,  but  according  to 
their  merits  and  wisdom.  But  if  any  one  of  the  deans  shall 
be  found  in  fault,  being  perhaps  puffed  up  by  his  position, 
he  should  be  reprimanded  for  his  fault  the  second  or  third 
time,  and  then  if  he  does  not  mend  his  ways  he  should  be 
deposed  and  his  place  given  to  a  worthier  brother.  The  same 
treatment  should  be  accorded  the  prcepositi. 

Ch.  22.  How  the  monks  should  sleep. — The  monks  shall 
sleep  separately  in  individual  beds,  and  the  abbot  shall  assign 
them  their  beds  according  to  their  conduct.  If  possible  all  the 
monks  shall  sleep  in  the  same  dormitory,  but  if  their  number 
is  too  large  to  admit  of  this,  they  are  to  be  divided  into  tens 
or  twenties  and  placed  under  the  control  of  some  of  the  older 
monks.  A  candle  shall  be  kept  burning  in  the  dormitory  all 
night  until  daybreak.  The  monks  shall  go  to  bed  clothed  and 
girt  with  girdles  and  cords,  but  shall  not  have  their  knives 
at  their  sides,  lest  in  their  dreams  they  injure  one  of  the 
sleepers.  They  should  be  always  in  readiness,  rising  immedi- 
ately upon  the  signal  and  hastening  to  the  service,  but  appear- 
ing there  gravely  and  modestly.  The  beds  of  the  younger 
brothers  should  not  be  placed  together,  but  should  be  scat- 
tered among  those  of  the  older  monks.  When  the  brothers 
arise  they  should  gently  exhort  one  another  to  hasten  to  the 
service,  so  that  the  sleepy  ones  may  have  no  excuse  for  coming 
late. 

Ch.  23.  The  excommunication  for  lighter  sins. — If  any 
brother  shows  himself  stubborn,  disobedient,  proud,  or  com- 


No.  251]  MONASTICISM  455 

plaining,  or  refuses  to  obey  the  rule  or  to  hearken  to  his 
elders,  let  him  be  admonished  in  private  once  or  twice  by  his 
elders,  as  God  commands.  If  he  does  not  mend  his  ways  let 
him  be  reprimanded  publicly  before  all.  But,  if,  knowing 
the  penalty  to  which  he  is  liable,  he  still  refuses  to  conform, 
let  him  be  excommunicated  [that  is,  cut  off  from  the  society 
of  the  other  monks],  and  if  he  remains  incorrigible  let  him 
suffer  bodily  punishment. 

Ch.  24.  The  forms  of  excommunication. — The  nature  of 
the  excommunication  and  discipline  should  be  suited  to  the 
extent  of  the  guilt,  which  is  to  be  determined  by  the  abbot. 
If  the  brother  is  guilty  of  one  of  the  lighter  sins,  let  him  be 
deprived  of  participation  in  the  common  meal.  The  one 
who  has  been  thus  deprived  shall  not  lead  in  the  psalms  and 
responses  in  the  oratory  or  read  the  lessons;  he  shall  eat 
alone  after  the  common  meal;  so  that,  for  example,  if  the 
brothers  eat  at  the  sixth  hour,  he  shall  eat  at  the  ninth, 
and  if  the  brothers  eat  at  the  ninth  hour,  he  shall  eat  at 
vespers.  This  shall  be  continued  until  he  has  made  suitable 
satisfaction  for  his  fault. 

Ch.  25.  The  excommunication  for  the  graver  sins. — For 
graver  sins  the  brother  shall  be  deprived  of  participation  both 
in  the  common  meal  and  in  the  divine  services.  No  brother 
shall  speak  to  him  or  have  anything  to  do  with  him,  but  he 
shall  labor  alone  at  the  work  assigned  to  him  as  a  penance, 
meditating  on  the  meaning  of  that  saying  of  the  apostle :  "To 
deliver  such  an  one  unto  Satan  for  the  destruction  of  the 
flesh,  that  the  spirit  may  be  saved  in  the  da}'  of  the  Lord 
Jesus  Christ"  [1  Cor.  5:5].  And  he  shall  eat  alone,  receiving 
his  food  in  such  measure  and  at  such  time  as  the  abbot  shall 
determine.  No  one  meeting  him  shall  bless  him,  and  the 
food  which  is  given  him  shall  be  unblessed. 

Ch.  26.  Those  who  consort  with  the  excommunicated  with- 
out the  order  of  the  abbot. — If  any  brother  shall  presume  to 
speak  to  one  who  has  been  excommunicated,  or  shall  give  a 


456    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

command  to  him,  or  have  anything  whatever  to  do  with  him, 
except  by  the  order  of  the  abbot,  he  shall  be  placed  under  the 
same  sort  of  excommunication. 

Ch.  27.  The  abbot  should  be  zealous  for  the  correction  of 
those  who  have  been  excommunicated. — The  abbot  should  ex- 
ercise the  greatest  care  over  erring  brothers ;  as  it  is  written : 
"They  that  be  whole  need  not  a  physician,  but  they  that  are 
sick"  [Matt.  9:12],  So  the  abbot  should  use  all  the  means 
that  a  wise  physician  uses :  he  should  send  secret  comforters, 
wiser  and  older  brothers,  who  will  comfort  the  erring  one,  and 
urge  him  humbly  to  make  amends,  as  the  apostle  says :  "Com- 
fort him,  lest  perhaps  such  a  one  should  be  swallowed  up  with 
too  much  sorrow"  [2  Cor.  2:7],  and  again  "Charity  shall  be 
confirmed  in  him"  [2  Cor.  2:8].  Let  him  also  be  prayed  for 
by  all.  It  should  be  the  greatest  care  of  the  abbot  that  not 
one  of  his  flock  should  perish,  using  to  this  end  all  his  wisdom 
and  ability,  for  he  is  set  to  care  for  sick  souls,  not  to  rule 
harshly  over  well  ones.  Let  him  be  warned  in  this  matter 
by  the  words  of  God  spoken  to  the  evil  shepherds  of  Israel 
through  the  prophet:  "Ye  did  take  that  which  ye  saw  to  be 
strong,  and  that  which  was  weak  ye  did  cast  out"  [cf.  Ezek. 
34 :3  f ] .  Let  him  rather  follow  the  £xample  of  the  good 
shepherd,  who,  leaving  his  ninety  and  nine,  went  out  into  the 
mountains  and  sought  the  one  sheep  which  had  gone  astray; 
who,  when  he  found  it,  had  compassion  on  its  weakness,  and 
laid  it  on  his  own  sacred  shoulders  and  brought  it  back  to 
the  flock. 

Ch.  28.  Those  who  do  not  mend  their  ways  after  frequent 
correction. — If  any  brother  has  been  frequently  corrected  and 
excommunicated,  and  still  does  not  mend  his  ways,  let  the 
punishment  be  increased  to  the  laying  on  of  blows.  But  if 
he  will  not  be  corrected  or  if  he  attempts  to  defend  his 
acts,  then  the  abbot  shall  proceed  to  extreme  measures  as  a 
wise  physician  will  do;  that  is,  when  the  poultices  and  oint- 
ments, as  it  were,  of  prayer,  the  medicines  of  Scripture,  and 


No.  251]  MONASTICISM  .    457 

the  violent  remedies  of  excommunication  and  blows  have  all 
failed,  he  has  recourse  to  the  last  means,  prayer  to  God,  the 
all-powerful,  that  He  should  work  the  salvation  of  the  erring 
brother.  But  if  he  still  cannot  be  cured,  then  the  abbot 
shall  proceed  to  the  use  of  the  knife,  cutting  out  that  evil 
member  from  the  congregation;  as  the  apostle  says:  "Put 
away  from  among  yourselves  that  wicked  person"  [1  Cor. 
5  :13]  ;  "If  the  unbelieving  depart,  let  him  depart"  [1  Cor. 
7:15];  that  the  whole  flock  be  not  contaminated  by  one 
diseased  sheep. 

Ch.  29.  Shall  brothers  who  have  left  the  monastery  be 
received  back? — If  a  brother  has  left  the  monastery  or  has 
been  cast  out  for  his  own  fault,  and  shall  wish  to  be  taken 
back,  he  shall  first  of  all  promise  complete  reformation  of 
that  fault,  and  then  shall  be  received  into  the  lowest  grade 
in  the  monastery  to  prove  the  sincerity  of  his  humility.  If 
he  again  departs,  he  shall  be  received  back  the  third  time, 
knowing,  however,  that  after  that  he  shall  never  again  be  taken 
back. 

Ch.  30.  The  manner  of  correction  for  the  young. — The 
forms  of  punishment  should  be  adapted  to  every  age  and 
to  every  order  of  intelligence.  So  if  children  or  youths,  or 
those  who  are  unable  to  appreciate  the  meaning  of  excommu- 
nication, are  found  guilty,  they  should  be  given  heavy  fasts 
and  sharp  blows  for  their  correction. 

Ch.  31.  The  cellarer. — The  cellarer  of  the  monastery, 
chosen  from  among  the  congregation,  should  be  wise,  sedate, 
and  sober;  he  should  not  be  gluttonous,  proud,  quarrelsome, 
spiteful,  indolent,  nor  wasteful ;  he  should  fear  God,  since  he 
acts  in  a  way  as  the  father  of  the  monastery.  He  should  be 
careful  of  everything,  doing  nothing  except  by  the  order  of 
the  abbot,  and  observing  all  the  commands  laid  upon  him. 
He  should  not  rebuke  the  brothers  roughly ;  if  any  brother  is 
unreasonable  in  his  demands,  he  should  yet  treat  him  rea- 
sonably, mildly  refusing  his  request  as  being  improper.  He 


458    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

should  make  his  service  minister  to  his  own  salvation,  re- 
membering the  words  of  the  apostle:  "They  that  have  used 
the  office  well,  purchase  to  themselves  a  good  degree"  [1  Tim. 
3:13].  He  should  have  special  care  for  the  sick,  for  chil- 
dren, for  guests,  and  for  the  poor,  seeing  that  he  will  cer- 
tainly have  to  give  a  reckoning  of  his  treatment  of  all  these 
on  the  day  of  judgment.  He  should  look  after  all  the  uten- 
sils of  the  monastery  as  carefully  as  if  they  were  the  sacred 
vessels  of  the  altar,  and  he  should  be  careful  of  the  substance 
of  the  monastery,  wasting  nothing.  He  should  be  neither 
avaricious  nor  prodigal,  conducting  his  office  in  moderation 
under  the  commands  of  the  abbot.  Above  all  he  should 
conduct  himself  humbly ;  if  he  is  not  able  to  furnish  what  is 
asked  for,  he  should  at  least  return  a  pleasant  answer,  as  it 
is  written:  "A  good  word  is  above  the  best  gift"  [Ecclesias- 
ticus  18  :16].  He  should  take  charge  of  everything  intrusted 
to  him  by  the  abbot,  and  should  not  interfere  in  what  is 
prohibited  to  him.  He  should  see  to  it  that  the  brothers  always 
have  the  regular  amount  of  food,  and  he  should  serve  it  with- 
out haughtiness  or  unnecessary  delay,  remembering  the  pun- 
ishment which  the  Scripture  says  is  meted  out  to  those  who 
offend  one  of  these  little  ones.  In  large  congregations,  the 
cellarer  should  have  assistants,  with  whose  aid  he  may  be 
able  to  fulfil  the  duties  committed  to  him  without  unneces- 
sary worry.  He  should,  moreover,  so  arrange  the  work  in 
his  department  that  the  distribution  of  food  and  the  other 
details  may  come  at  convenient  hours,  and  may  not  disturb 
or  inconvenience  anyone. 

Ch.  32.  The  utensils  and  other  property  of  the  monastery. 
— The  possessions  of  the  monastery  in  the  way  of  utensils, 
clothes,  and  other  things  should  be  intrusted  by  the  abbot  to 
the  charge  of  certain  brothers  whom  he  can  safely  trust,  and 
the  various  duties  of  caring  for  or  collecting  these  things 
should  be  divided  among  them.  The  abbot  should  keep  a  list 
of  these  things,  so  that  he  may  know  what  is  given  out  or 


No.  251]  MONASTICISM  459 

taken  back  when  the  offices  change  hands.  If  any  one  of  these 
brothers  is  careless  or  wasteful  of  the  goods  of  the  monastery 
which  are  intrusted  to  him,  he  should  be  reproved  and  if  he 
does  not  reform  he  should  be  subjected  to  discipline  accord- 
ing to  the  rule. 

Ch.  33.  Monies  should  not  have  personal  property. — The 
sin  of  owning  private  property  should  be  entirely  eradicated 
from  the  monastery.  No  one  shall  presume  to  give  or  re- 
ceive anything  except  by  the  order  of  the  abbot ;  no  one  shall 
possess  anything  of  his  own,  books,  paper,  pens,  or  anything 
else;  for  monks  are  not  to  own  even  their  own  bodies  and 
wills  to  be  used  at  their  own  desire,  but  are  to  look  to  the 
father  [abbot]  of  the  monastery  for  everything.  So  they 
shall  have  nothing  that  has  not  been  given  or  allowed  to 
them  by  the  abbot;  all  things  are  to  be  had  in  common 
according  to  the  command  of  the  Scriptures,  and  no  one  shall 
consider  anything  as  his  own  property.  If  anyone  has  been 
found  guilty  of  this  most  grievous  sin,  he  shall  be  admon- 
ished for  the  first  and  second  offence,  and  then  if  he  does  not 
mend  his  ways  he  shall  be  punished. 

Ch.  34.  All  the  brothers  are  to  be  treated  equally. — It  is 
written:  "Distribution  was  made  unto  every  man  as  he  had 
need"  [Acts  4:35].  This  does  not  mean  that  there  should 
be  respect  of  persons,  but  rather  consideration  for  infirmi- 
ties. The  one  who  has  less  need  should  give  thanks  to  God 
and  not  be  envious;  the  one  who  has  greater  need  should  be 
humbled  because  of  his  infirmity,  and  not  puffed  up  by  the 
greater  consideration  shown  him.  Thus  all  the  members  of 
the  congregation  shall  dwell  together  in  peace.  Above  all 
let  there  be  no  complaint  about  anything,  either  in  word  or 
manner,  and  if  anyone  is  guilty  of  this  let  him  be  strictly 
disciplined. 

Ch.  35.  The  weekly  service  in  the  Tcitchen. — The  brothers 
shall  serve  in  their  turn  in  the  kitchen,  no  one  being  excused, 
except  for  illness  or  because  occupied  in  work  of  greater 


460    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

importance ;  thus  all  shall  learn  charity  and  acquire  the  greater 
reward  which  is  the  recompense  for  service.  Assistants  shall 
be  allowed  to  the  weak,  that  they  be  not  too  greatly  burdened 
in  the  service,  and  shall  also  be  provided  for  all,  if  the  size 
of  the  congregation  or  the  conditions  of  the  place  make  it 
necessary.  In  large  congregations,  the  cellarer  shall  be  ex- 
cused from  service  in  the  kitchen,  as  also  those  who,  as  we 
have  already  indicated,  are  engaged  in  more  important  labors ; 
but  all  the  others  shall  serve  in  their  turn.  The  one  who 
goes  out  of  office  at  the  end  of  the  week,  should  do  all  the 
cleaning  on  Saturday,  and  should  wash  the  towels  on  which 
the  monks  dry  their  hands  and  their  feet,  and  both  he  and  the 
one  who  succeeds  him  shall  wash  the  feet  of  all  the  brothers. 
The  one  who  is  leaving  shall  turn  over  the  utensils  of  the 
service  properly  cleaned  to  the  cellarer,  who  shall  then  con- 
sign them  to  the  one  who  succeeds,  keeping  account  of  what 
he  gives  out  and  what  he  receives  back.  Those  who  are  en- 
gaged in  this  service  shall  be  allowed  a  piece  of  bread  and  a 
cup  of  wine  an  hour  before  the  time  of  the  common  meal, 
so  that  they  may  serve  the  brethren  during  the  meal  without 
inconvenience  or  cause  for  complaint;  but  on  holy  days  they 
shall  fast  until  after  the  mass.  On  Sunday,  immediately  after 
matins,  the  outgoing  and  the  incoming  cooks  shall  kneel  in 
the  oratory  and  ask  for  the  prayers  of  all  the  brothers.  The 
one  who  has  finished  his  service  for  the  week  shall  say  this 
verse  three  times :  "Blessed  art  thou,  0  Lord  God,  who  hast 
aided  and  consoled  me,"  and  then  shall  receive  the  benedic- 
tion ;  the  one  who  is  entering  on  the  service  shall  say :  "Make 
haste,  0  God,  to  deliver  me ;  make  haste  to  help  me,  0  God" : 
this  shall  be  repeated  three  times  by  all,  and  then  he  shall 
receive  the  benediction  and  enter  upon  his  duties. 

Ch.  36.  The  care  for  brothers  who  are  ill. — Above  all, 
care  should  be  taken  of  the  sick,  as  if  they  were  Christ  him- 
self, as  he  has  said:  "I  was  sick,  and  ye  visited  me"  [Matt. 
25  :36] ;  and  again,  "Inasmuch  as  ye  have  done  it  unto  one 


No.  251]  MONASTICISM  461 

of  the  least  of  these  my  brethren,  ye  have  done  it  unto  me" 
[Matt.  25:40].  But  the  sick  should  consider  that  the  ser- 
vice performed  for  them  is  done  to  the  honor  of  God,  and 
should  not  make  it  a  burden  for  the  brothers  who  attend  them. 
Those  who  labor  in  this  service,  on  their  part,  should  endure 
it  patiently,  because.it  redounds  to  their  greater  reward.  The 
abbot  should  make  it  his  especial  care  that  no  one  suffers 
neglect.  A  special  room  shall  be  assigned  to  the  sick,  and 
they  shall  be  given  pious,  diligent,  and  careful  attendants. 
The  sick  should  also  be  allowed  the  use  of  baths  as  often  as 
seems  expedient,  a  thing  which  is  to  be  accorded  to  the  young 
and  strong  more  rarely.  Those  who  are  sick  or  weak  are, 
moreover,  to  be  permitted  to  eat  meat  to  strengthen  them, 
but  when  they  have  recovered  they  shall  abstain  from  it  in 
the  usual  manner  as  the  others.  The  abbot  should  see  to  it 
also  that  the  sick  are  not  neglected  by  the  cellarer  or  the 
other  servants,  for  their  negligence  will  be  placed  to  his 
account,  if  he  is  not  diligent  in  correcting  them. 

Ch.  37.  The  aged  and  children. — Special  regard  and  con- 
sideration is  due  to  human  nature  in  the  extremes  of  life, 
old  age  and  childhood,  and  yet  this  must  be  regulated  by 
the  rule.  Their  weakness  shall  always  be  taken  into  con- 
sideration, and  the  strict  requirements  of  the  rule  in  regard 
to  food  may  be  relaxed  for  them,  so  that  they  may  anticipate 
the  regular  hours  of  eating. 

Ch.  38.  The  weekly  reader. — There  should  always  be  read- 
ing during  the  common  meal,  but  it  shall  not  be  left  to  chance, 
so  that  anyone  may  take  up  the  book  and  read.  On  Sunday 
one  of  the  brothers  shall  be  appointed  to  read  during  the 
following  week.  He  shall  enter  on  his  office  after  the  mass 
and  communion,  and  shall  ask  for  the  prayers  of  all,  that 
God  may  keep  him  from  the  spirit  of  pride;  then  he  shall 
say  this  verse  three  times,  all  the  brethren  uniting  with  him : 
"0  Lord,  open  thou  my  lips,  and  my  mouth  shall  show- 
forth  thy  praise;"  then  after  receiving  the  benediction  he 


462    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

enters  upon  his  office.  At  the  common  meal,  the  strictest 
silence  shall  be  kept,  that  no  whispering  or  speaking  may  be 
heard  except  the  voice  of  the  reader.  The  brethren  shall 
mutually  wait  upon  one  another  by  passing  the  articles  of 
food  and  drink,  so  that  no  one  shall  have  to  ask  for  anything ; 
but  if  this  is  necessary,  it  shall  be  done  by  a  sign  rather  than 
by  words,  if  possible.  In  order  to  avoid  too  much  talking 
no  one  shall  interrupt  the  reader  with  a  question  about  the 
reading  or  in  any  other  way,  unless  perchance  the  prior  may 
wish  to  say  something  in  the  way  of  explanation.  The  brother 
who  is  appointed  to  read  shall  be  given  the  bread  and  wine 
before  he  begins,  on  account  of  the  holy  communion  which  he 
has  received,  and  lest  so  long  a  fast  should  be  injurious;  he 
shall  have  his  regular  meal  later  with  the  cooks  and  other 
weekly  servants.  The  brothers  shall  not  be  chosen  to  read  or 
chant  by  order  of  rotation,  but  according  to  their  ability  to 
edify  their  hearers. 

Ch.  39.  The  amount  of  food. — Two  cooked  dishes,  served 
either  at  the  sixth  or  the  ninth  hour,  should  be  sufficient  for 
the  daily  sustenance.  We  allow  two  because  of  differences 
in  taste,  so  that  those  who  do  not  eat  one  may  satisfy  their 
hunger  with  the  other,  but  two  shall  suffice  for  all  the  brothers, 
unless  it  is  possible  to  obtain  fruit  or  fresh  vegetables,  which 
may  be  served  as  a  third.  One  pound  of  bread  shall  suffice 
for  the  day,  whether  there  be  one  meal  or  two.  If  the  monks 
are  to  have  supper  as  well  as  dinner,  the  cellarer  shall  cut  off 
a  third  of  the  loaf  of  bread  which  is  served  at  dinner  and  keep 
it  for  the  later  meal.  In  the  case  of  those  who  engage  in 
heavy  labor,  the  abbot  may  at  his  discretion  increase  the 
allowance  of  food,  but  he  should  not  allow  the  monks  to 
indulge  their  appetites  by  eating  or  drinking  too  much.  For 
no  vice  is  more  inconsistent  with  the  Christian  character;  as 
the  Master  saith:  "Take  heed  to  yourselves  lest  at  any  time 
your  hearts  be  overcharged  with  surfeiting"  [Luke  21:34]. 
A  smaller  amount  of  food  shall  be  given  to  the  youths  than 


No.  251]  MONASTICISM  463 

to  their  elders,  and  in  general  the  rule  should  be  to  eat  spar- 
ingly. All  shall  abstain  from  the  flesh  of  four-footed  beasts, 
except  the  weak  and  the  sick. 

Ch.  40.  The  amount  of  drink. — "Each  one  has  his  own 
gift  from  God,  the  one  in  this  way,  the  other  in  that"  [1  Cor. 
7:7],  so  we  hesitate  to  determine  what  others  shall  eat  or 
drink.  But  we  believe  that  a  half-measure  of  wine  a  day  is 
enough  for  anyone,  making  due  allowance,  of  course,  for  the 
needs  of  the  sick.  If  God  has  given  to  some  the  strength  to 
endure  abstinence,  let  them  use  that  gift,  knowing  that  they 
shall  have  their  reward.  And  if  the  climate,  the  nature  of  the 
labor,  or  the  heat  of  summer,  or  other  conditions  make  it  ad- 
visable to  increase  this  amount,  the  superior  may  do  so  at  his 
own  discretion,  always  guarding,  however,  against  indulgence 
and  drunkenness.  Some  hold,  indeed,  that  monks  should  not 
drink  wine  at  all.  We  have  not  been  able  in  our  day  to 
persuade  monks  to  agree  to  this ;  but  all  will  admit  that  drink 
should  be  used  sparingly,  for  "wine  maketh  even  the  wise  to 
go  astray"  [Ecclesiasticus  19:2].  Where  wine  is  scarce  or  is 
not  found  at  all  because  of  the  nature  of  the  locality,  let  those 
who  live  there  bless  God  and  murmur  not.  In  any  case,  let 
there  be  no  murmuring  because  of  the  scarcity  or  the  lack  of 
wine. 

Ch.  41.  The  time  of  meals. — From  Easter  to  Pentecost, 
the  brethren  shall  dine  at  the  sixth  hour  and  have  supper  in 
the  evening.  From  Pentecost  on  through  the  summer,  they 
shall  fast  on  Wednesday  and  Friday  1  until  the  ninth  hour, 
unless  they  are  laboring  in  the  fields  or  find  the  heat  of  the 
summer  too  oppressive;  on  the  other  days  of  the  week  they 
shall  dine  at  the  sixth  hour.  But  if  the  monks  are  working 
out  of  doors,  or  are  oppressed  with  the  heat,  the  abbot  may 
at  his  discretion  have  dinner  served  every  day  at  the  sixth 
hour.  In  this,  as  in  all  matters,  the  abbot  shall  have  regard 
for  the  souls  of  the  brethren,  that  they  be  not  given  cause  for 
grumbling.  From  the  middle  of  September  to  the  beginning 


464    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

of  Lent,  they  shall  dine  at  the  ninth  hour,  and  during  Lent, 
toward  evening.  The  time  for  the  evening  meal  shall  be  so 
fixed  that  the  brethren  may  eat  without  the  aid  of  lamps; 
and  indeed  all  the  meals  are  to  be  eaten  by  daylight. 

1  In  the  early  church  Wednesdays  and  Fridays  were  fast-days,  be- 
cause Christ  was  believed  to  have  been  born  on  a  Wednesday  and  he 
died  on  a  Friday. 

Ch.  42.  Silence  is  to  be  kept  after  completorium. — The 
monks  should  observe  the  rule  of  silence  at  all  times,  but 
especially  during  the  hours  of  the  night.  This  rule  shall  be 
observed  both  on  fast-days  and  on  other  days,  as  follows: 
on  other  than  fast-days,  as  soon  as  the  brothers  rise  from  the 
table  they  shall  sit  down  together,  while  one  of  them  reads 
from  the  Collations  or  the  lives  of  the  fathers  or  other  holy 
works.  But  the  reading  at  this  time  shall  not  be  from  the 
Heptateuch  or  from  the  books  of  the  Kings,  which  are  not 
suitable  for  weak  intellects  to  hear  at  this  hour  and  may  be 
read  at  other  times.  On  fast-days  the  brethren  shall  assemble 
a  little  while  after  vespers,  and  listen  to  readings  from  the 
Collations.  All  shall  be  present  at  this  reading  except  those 
who  have  been  given  other  duties  to  be  done  at  this  time, 
and  after  the  reading  of  four  or  five  pages,  or  as  much  as 
shall  occupy  an  hour's  time,  the  whole  congregation  shall  meet 
for  completorium.  After  completorium  no  one  shall  be  al- 
lowed to  speak  to  another,  unless  some  unforeseen  occasion 
arises,  as  that  of  caring  for  guests,  or  unless  the  abbot  has 
to  give  a  command  to  some  one;  and  in  these  cases  such 
speaking  as  is  necessary  shall  be  done  quietly  and  gravely. 
If  anyone  breaks  this  rule  of  silence  he  shall  be  severely 
disciplined. 

Ch.  43.  Those  who  are  late  in  coming  to  services  or  to 
meals. — When  the  signal  is  given  for  the  hour  of  worship, 
all  should  hasten  to  the  oratory ;  but  they  shall  enter  gravely, 
so  as  not  to  give  occasion  for  jesting.  The  service  of  God 
is  to  be  placed  above  every  other  duty.  At  vigils,  those  who 


No.  251]  MONASTICISM  465 

do  not  come  in  until  after  the  Gloria  of  the  94th  Psalm 
("0  come,  let  us  sing  unto  the  Lord"),  which,  as  we  have 
indicated  above,  is  to  he  said  slowly  and  solemnly,  shall  be 
held  to  be  tardy.  Such  a  one  shall  not  be  allowed  to  take  his 
accustomed  place  in  the  choir,  but  shall  be  made  to  stand  last 
or  in  a  place  apart  such  as  the  abbot  may  have  indicated  for 
the  tardy.  There  he  may  be  seen  by  the  abbot  and  all  the 
brothers,  and  after  the  service  he  shall  do  public  penance  for 
his  fault.  The  purpose  of  placing  him  last  or  in  a  place  apart 
from  the  others  is  to  make  his  tardiness  conspicuous,  so  that 
he  may  be  led  through  very  shame  to  correct  this  fault.  For 
if  those  who  come  late  are  made  to  stay  outside  of  the  oratory, 
some  of  them  will  go  back  and  go  to  bed  again,  or  at  least 
sit  down  outside  and  spend  the  time  of  service  in  idle  talk, 
thus  giving  a  chance  to  the  evil  one.  Let  them  come  inside 
that  they  may  not  lose  all  the  service,  and  in  the  future  not 
be  tardy.  At  the  services  in  the  daytime,  he  who  does  not 
come  in  until  after  the  verse  and  the  Gloria  of  the  first  psalm, 
shall  stand  in  the  last  place  as  already  described,  and  shall 
not  be  allowed  to  take  his  own  place  in  the  choir  until  he  has 
made  amends,  unless  the  abbot  shall  give  him  permission, 
reserving  his  penance  for  a  later  time.  At  the  common  meal 
all  shall  stand  and  say  a  verse  and  a  prayer,  and  then  sit 
down  together.  He  who  comes  in  after  the  verse  shall  be 
admonished  for  the  first  and  second  offense,  and  if  he  is  again 
tardy  after  that  he  shall  not  be  allowed  to  share  the  common 
meal,  but  shall  be  made  to  eat  alone,  and  his  portion  of  wine 
shall  be  taken  away  until  he  makes  satisfaction.  Those  who 
are  not  present  at  the  verse  which  is  said  at  the  end  of  the 
meal  shall  be  punished  in  the  same  way.  And  no  one  shall 
eat  or  drink  anything  except  at  the  appointed  hours.  If  any 
one  refuses  to  eat  when  food  is  offered  to  him  by  the  superior, 
he  shall  not  be  allowed  to  do  so  later  when  he  wishes  it,  unless 
he  has  made  satisfaction  for  his  fault. 

Ch.  44.     The  penance  of  the  excommunicated. — The  one 


466    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

who  has  been  excommunicated  for  grievous  sins  from  both 
the  divine  services  and  the  common  meal  shall  do  penance  as 
follows :  During  the  hour  of  worship,  he  shall  lie  prostrate  at 
the  door  of  the  oratory,  with  his  head  on  the  ground  at  the 
feet  of  all  as  they  come  out.  He  shall  continue  to  do  this 
until  the  abbot  has  decided  that  he  has  made  reparation  for 
his  sin.  Then  after  he  has  been  admitted  again  into  the  ora- 
tory, he  shall  fall  at  the  feet,  first  of  the  abbot  and  then  of  all 
the  other  brothers,  and  shall  beg  them  all  to  pray  for  him; 
then  he  may  be  permitted  to  take  his  own  place  in  the  choir 
or  such  other  position  as  the  abbot  shall  designate.  But  he 
shall  not  be  allowed  to  lead  in  the  psalms  or  the  reading  or 
any  other  part  of  the  service  until  the  abbot  gives  him  per- 
mission. At  the  end  of  the  service  each  day  he  shall  prostrate 
himself  upon  the  ground  in  the  place  where  he  was  standing, 
until  the  abbot  decides  that  his  penance  has  been  accomplished. 
Those  who  for  lesser  faults  have  been  excommunicated  from 
the  table  only,  shall  continue  to  do  penance  in  the  oratory 
until  the  abbot  gives  them  his  blessing  and  says:  "It  is 
enough." 

Ch.  45.  The  punishment  of  those  who  make  mistakes  in 
the  service. — If  anyone  makes  a  mistake  in  the  psalm  or  the 
response  or  the  antiphony  or  the  reading,  he  shall  make  satis- 
faction as  described.  But  if  he  is  not  humbled  by  this  and 
by  the  rebukes  of  his  elders,  and  refuses  to  admit  that  he  has 
erred,  he  shall  be  subjected  to  heavier  punishment  for  his 
obstinacy.  Children  shall  be  whipped  for  such  offences. 

Ch.  46.  The  punishment  for  other  sins. — When  a  brother 
has  committed  any  fault  in  any  of  his  work,  in  doors  or  out, 
such  as  losing  or  breaking  anything,  or  making  a  mistake  of 
some  sort,  he  shall  go  immediately  to  the  abbot  and  make 
satisfaction,  confessing  his  fault  before  the  whole  congrega- 
tion. If  he  fails  to  do  this  and  leaves  the  mistake  to  be 
found  out  and  reported  by  another,  he  shall  be  severely  pun- 
ished. But  if  it  be  a  secret  sin,  he  may  confess  it  privately 


No.  251]  MONASTICISM  467 

to  the  abbot  alone  or  to  such  spiritual  superiors  as  may  be 
able  to  cure  such  errors  without  making  them  public. 

Ch.  47.  The  manner  of  announcing  the  hour  of  service. — 
The  signal  for  the  hour  of  worship  both  in  the  daytime  and 
at  night,  shall  be  given  by  the  abbot  or  by  some  diligent  brother 
to  whom  he  has  intrusted  that  duty,  so  that  everything  may  be 
in  readiness  for  the  service  at  the  proper  time.  The  abbot 
shall  appoint  certain  ones  to  lead  in  the  psalms  and  the  an- 
tiphonies  after  him ;  only  those,  however,  shall  be  allowed  to 
read  or  chant  who  are  able  to  edify  the  hearers.  These  shall 
be  appointed  by  the  abbot,  and  shall  perform  their  part 
gravely  and  humbly  in  the  fear  of  the  Lord. 

Ch.  48.  The  daily  labor  of  the  monks. — Idleness  is  the 
great  enemy  of  the  soul,  therefore  the  monks  should  always 
be  occupied,  either  in  manual  labor  or  in  holy  reading.  The 
hours  for  these  occupations  should  be  arranged  according  to 
the  seasons,  as  follows :  From  Easter  to  the  first  of  October, 
the  monks  shall  go  to  work  at  the  first  hour  and  labor  until 
the  fourth  hour,  and  the  time  from  the  fourth  to  the  sixth 
hour  shall  be  spent  in  reading.  After  dinner,  which  comes 
at  the  sixth  hour,  they  shall  lie  down  and  rest  in  silence; 
but  anyone  who  wishes  may  read,  if  he  does  it  so  as  not  to 
disturb  anyone  else.  Nones  shall  be  observed  a  little  earlier, 
about  the  middle  of  the  eighth  hour,  and  the  monks  shall  go 
back  to  work,  laboring  until  vespers.  But  if  the  conditions 
of  the  locality  or  the  needs  of  the  monastery,  such  as  may 
occur  at  harvest  time,  should  make  it  necessary  to  labor  longer 
hours,  they  shall  not  feel  themselves  ill-used,  for  true  monks 
should  live  by  the  labor  of  their  own  hands,  as  did  the  apos- 
tles and  the  holy  fathers.  But  the  weakness  of  human  nature 
must  be  taken  into  account  in  making  these  arrangements. 
From  the  first  of  October  to  the  beginning  of  Lent,  the 
monks  shall  have  until  the  full  second  hour  for  reading,  at 
which  hour  the  service  of  terce  shall  be  held.  After  terce, 
they  shall  work  at  their  respective  tasks  until  the  ninth  hour. 


When  the  ninth  hour  sounds  they  shall  cease  from  labor  and 
be  ready  for  the  service  at  the  second  bell.  After  dinner 
they  shall  spend  the  time  in  reading  the  lessons  and  the  psalms. 
During  Lent  the  time  from  daybreak  to  the  third  hour  shall 
be  devoted  to  reading,  and  then  they  shall  work  at  their 
appointed  tasks  until  the  tenth  hour.  At  the  beginning  of 
Lent  each  of  the  monks  shall  be  given  a  book  from  the  library 
of  the  monastery  which  he  shall  read  entirely  through.  One 
or  two  of  the  older  monks  shall  be  appointed  to  go  about 
through  the  monastery  during  the  hours  set  apart  for  reading, 
to  see  that  none  of  the  monks  are  idling  away  the  time,  instead 
of  reading,  and  so  not  only  wasting  their  own  time  but  per- 
haps disturbing  others  as  well.  Anyone  found  doing  this 
shall  be  rebuked  for  the  first  or  second  offence,  and  after  that 
he  shall  be  severely  punished,  that  he  may  serve  as  a  warning 
and  an  example  to  others.  Moreover,  the  brothers  are  not 
to  meet  together  at  unseasonable  hours.  Sunday  is  to  be  spent 
by  all  the  brothers  in  holy  reading,  except  by  such  as  have 
regular  duties  assigned  to  them  for  that  day.  And  if  any 
brother  is  negligent  or  lazy,  refusing  or  being  unable  profit- 
ably to  read  or  meditate  at  the  time  assigned  for  that,  let 
him  be  made  to  work,  so  that  he  shall  at  any  rate  not  be 
idle.  The  abbot  shall  have  consideration  for  the  weak  and 
the  sick,  giving  them  tasks  suited  to  their  strength,  so  that 
they  may  neither  be  idle  nor  yet  be  distressed  by  too  heavy 
labor. 

Ch.  49.  The  observance  of  Lent. — Monks  ought  really  to 
keep  Lent  all  the  year,  but  as  few  are  able  to  do  this,  they 
should  at  least  keep  themselves  perfectly  pure  during  that 
season,  and  to  make  up  for  the  negligence  of  the  rest  of  the 
year  by  the  strictest  observance  then.  The  right  way  to  keep 
Lent  is  this :  to  keep  oneself  free  from  all  vices  and  to  spend 
the  time  in  holy  reading,  in  repentance,  and  in  abstinence. 
During  this  season,  therefore,  we  should  add  in  some  way 
to  the  weight  of  our  regular  service,  by  saying  additional 


No.  251]  MONASTICISM  469 

prayers  or  giving  up  some  part  of  our  food  or  drink,  so  that 
each  one  of  us  of  his  own  will  may  offer  some  gift  to  God 
in  addition  to  his  usual  service,  to  the  rejoicing  of  the  Holy 
Spirit.  Let  each  one  then  make  some  sacrifice  of  his  bodily 
pleasures  in  the  way  of  food  or  drink,  or  the  amount  of  sleep, 
or  talking  and  jesting,  thus  awaiting  the  holy  Easter  with 
the  joy  of  spiritual  desire.  But  the  abbot  should  always  be 
consulted  in  regard  to  the  sacrifice  to  be  made,  and  it  should 
be  done  with  his  consent  and  wish;  for  whatever  anyone 
does  contrary  to  the  wish  of  the  spiritual  father  will  not  be 
imputed  to  him  for  righteousness,  but  for  presumption  and 
vainglory.  So  let  everything  be  done  in  accordance  with  the 
wish  of  the  abbot. 

Ch.  50.  The  observance  of  the  hours  of  worship  by 
brothers  who  work  at  a  distance  from  the  monastery  or  are 
on  a  journey. — Those  who  are  at  work  so  far  from  the 
monastery  that  they  cannot  return  for  service  (the  question 
of  fact  shall  be  decided  by  the  abbot)  shall  nevertheless  observe 
the  regular  hours,  kneeling  down  and  worshipping  God  in 
the  place  where  they  are  working.  So  also  those  who  are  on 
the  road  shall  not  neglect  the  hour  of  worship,  but  shall  keep 
it  as  best  they  can. 

Ch.  51.  Those  who  are  sent  on  short  errands. — If  a 
brother  has  been  sent  on  an  errand  with  instructions  to  return 
the  same  day  with  an  answer,  he  shall  not  presume  to  eat  out- 
side of  the  monastery  unless  he  has  been  told  to  do  so  by  the 
abbot;  and  if  he  does,  he  shall  be  excommunicated. 

Ch.  52.  The  oratory  of  the  monastery. — The  oratory 
should  be  used  as  its  name  implies:  that  is,  as  a  place  of 
prayer;  and  for  no  other  purpose.  When  the  service  is  over, 
let  all  go  out  silently  and  reverently,  so  that  if  any  brother 
wishes  to  pray  there  in  private  he  may  not  be  disturbed  by 
others.  And  when  anyone  wishes  to  pray  there  privately 
let  him  go  in  quietly  and  pray,  not  noisily,  but  with  silent 
tears  and  earnestness  of  heart.  No  one  else  shall  be  allowed 


470    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

to  remain  in  the  oratory  after  the  service,  lest,  as  we  have 
said,  they  disturb  those  who  desire  to  pray  there. 

Ch.  53.  The  reception  of  guests. — All  guests  who  come  to 
the  monastery  are  to  be  received  in  the  name  of  Christ,  who 
said:  "I  was  a  stranger  and  ye  took  me  in"  [Matt.  25:35]. 
Honor  and  respect  shall  be  shown  to  all,  but  especially  to 
Christians  and  strangers.  When  a  guest  is  announced  the 
superior  and  the  brothers  shall  hasten  to  meet  him  and  shall 
give  him  the  kindest  welcome.  At  meeting,  both  shall  say  a 
short  prayer  and  then  they  shall  exchange  the  kiss  of  peace, 
the  prayer  being  said  first  to  frustrate  the  wiles  of  the  devil. 
The  manner  of  salutation  shall  be  humble  and  devout;  he 
who  offers  it  to  a  guest  shall  bow  his  head  or  even  prostrate 
his  body  on  the  ground  in  adoration  of  Christ,  in  whose  name 
guests  are  received.  The  way  to  receive  a  guest  is  as  follows : 
immediately  on  his  arrival  he  shall  be  conducted  to  the  ora- 
tory for  prayer,  and  then  the  superior  or  some  brother  at 
his  order  shall  sit  down  and  read  from  the  holy  Scriptures 
with  him  for  his  edification.  After  he  has  been  thus  received, 
every  attention  shall  be  shown  to  his  comfort  and  entertain- 
ment. The  abbot  may  break  his  fast  to  dine  with  a  guest, 
unless  the  day  be  an  especially  solemn  fast ;  but  the  brothers 
shall  keep  the  regular  fasts.  The  abbot  shall  offer  the  guests 
water  for  their  hands,  and  together  with  all  the  brothers  shall 
wash  their  feet,  all  repeating  this  verse  at  the  end  of  the 
ceremony:  "We  have  thought  of  thy  loving  kindness,  0 
Lord,  in  the  midst  of  thy  temple"  [Ps.  48:9].  Peculiar 
honor  shall  be  shown  to  the  poor  and  to  strangers,  since  it  is 
in  them  that  Christ  is  especially  received;  for  the  power  of 
the  rich  in  itself  compels  honor.  The  abbot  shall  have  a 
special  cook  for  himself  and  the  guests  of  the  monastery,  so 
that  the  brothers  may  not  be  disturbed  by  the  arrival  of 
guests  at  unusual  hours,  a  thing  always  liable  to  occur  in  a 
monastery.  Two  well-qualified  brothers  shall  be  appointed 
to  this  office  for  the  year,  and  shall  be  given  such  help  as  they 


No.  251]  MONASTICISM  471 

may  need,  that  they  may  not  have  occasion  to  complain  of  the 
service.  But  when  they  have  nothing  to  do  in  this  service, 
they  shall  be  assigned  to  other  tasks.  It  shall  be  the  rule  of 
the  monastery  that  those  who  have  charge  of  certain  offices 
shall  have  assistants  when  they  need  them,  and  shall  them- 
selves be  assigned  to  other  tasks  when  they  have  nothing  to 
do  in  their  own  offices.  The  guest  chamber,  which  shall  con- 
tain beds  with  plenty  of  bedding,  shall  be  placed  under  the 
charge  of  a  God-fearing  brother.  No  one  shall  venture  to 
talk  to  a  guest  or  to  associate  with  him ;  and  when  a  brother 
meets  one,  he  shall  greet  him  humbly,  and  ask  his  blessing, 
but  shall  pass  on,  explaining  that  it  is  not  permitted  to  the 
brothers  to  talk  with  guests. 

Ch.  54.  Monks  are  not  to  receive  letters  or  anything. — No 
monk  shall  receive  letters  or  gifts  or  anything  from  his 
family  or  from  any  persons  on  the  outside,  nor  shall  he  send 
anything,  except  by  the  command  of  the  abbot.  And  if  any- 
thing has  been  sent  to  the  monastery  for  him  he  shall  not 
receive  it  unless  he  has  first  shown  it  to  the  abbot  and  received 
his  permission.  And  if  the  abbot  orders  such  a  thing  to  be 
received,  he  may  yet  bestow  it  upon  anyone  whom  he  chooses, 
and  the  brother  to  whom  it  was  sent  shall  acquiesce  with- 
out ill-will,  lest  he  give  occasion  to  the  evil  one  by  his  dis- 
content. If  anyone  breaks  this  rule,  he  shall  be  severely 
disciplined. 

Ch.  55.  The  vestiarius  [one  who  has  charge  of  the  cloth- 
ing] and  the  calciarius  [one  who  has  charge  of  the  footwear], 
— The  brothers  are  to  be  provided  with  clothes  suited  to  the 
locality  and  the  temperature,  for  those  in  colder  regions  re- 
quire warmer  clothing  than  those  in  warmer  climates.  The 
abbot  shall  decide  such  matters.  The  following  garments 
should  be  enough  for  those  who  live  in  moderate  climates: 
A  cowl  and  a  robe  apiece  (the  cowl  to  be  of  wool  in  winter 
and  in  summer  light  or  old);  a  rough  garment  for  work; 
and  shoes  and  boots  for  the  feet.  The  monks  shall  not  be 


472    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

fastidious  about  the  color  and  texture  of  these  clothes,  which 
are  to  be  made  of  the  stuff  commonly  used  in  the  region  where 
they  dwell,  or  of  the  cheapest  material.  The  abbot  shall  also 
see  that  the  garments  are  of  suitable  length  and  not  too  short. 
When  new  garments  are  given  out  the  old  ones  should  be 
returned,  to  be  kept  in  the  wardrobe  for  the  poor.  Each 
monk  may  have  two  cowls  and  two  robes  to  allow  for  change 
at  night  and  for  washing ;  anything  more  than  this  is  super- 
fluous and  should  be  dispensed  with  ast  being  a  form  of  luxury. 
The  old  boots  and  shoes  are  also  to  be  returned  when  new 
ones  are  given  out.  Those  who  are  sent  out  on  the  road  shall 
be  provided  with  trousers,  which  shall  be  washed  and  restored 
to  the  vestiary  when  they  return.  There  shall  also  be  cowls 
and  robes  of  slightly  better  material  for  the  use  of  those  who 
are  sent  on  journeys,  which  also  shall  be  given  back  when  they 
return.  A  mattress,  a  blanket,  a  sheet,  and  a  pillow  shall 
be  sufficient  bedding.  The  beds  are  to  be  inspected  by  the 
abbot  frequently,  to  see  that  no  monk  has  hidden  away  any- 
thing of  his  own  in  them,  and  if  anything  is  found  there 
which  has  not  been  granted  to  that  monk  by  the  abbot,  he 
shall  be  punished  very  severely.  To  avoid  giving  occasion  to 
this  vice,  the  abbot  shall  see  that  the  monks  are  provided 
with  everything  that  is  necessary:  cowl,  robe,  shoes,  boots, 
girdle,  knife,  pen,  needle,  handkerchief,  tablets,  etc.  For  he 
should  remember  how  the  fathers  did  in  this  matter,  as  it  is 
related  in  the  Acts  of  the  Apostles:  "There  was  given  unto 
each  man  according  to  his  need"  [Acts  2:45].  He  should 
be  guided  in  this  by  the  requirements  of  the  needy,  rather 
than  by  the  complaints  of  the  discontented,  remembering 
always  that  he  shall  have  to  give  an  account  of  all  his  deci- 
sions to  God  on  the  day  of  judgment. 

Ch.  56.  The  table  of  the  abbot.— The  table  of  the  abbot 
shall  always  be  for  the  use  of  guests  and  pilgrims,  and  when 
there  are  no  guests  the  abbot  may  invite  some  of  the  brothers 
to  eat  with  him.  But  in  that  case,  he  should  see  that  one  or 


No.  251]  MONASTICISM  473 

two  of  the  older  brothers  are  always  left  at  the  common  table 
to  preserve  the  discipline  of  the  meal. 

Ch.  57.  Artisans  of  the  monastery. — If  there  are  any 
skilled  artisans  in  the  monastery,  the  abbot  may  permit  them 
to  work  at  their  chosen  trade,,  if  they  will  do  so  humbly. 
But  if  any  one  of  them  is  made  proud  by  his  skill  in  his 
particular  trade  or  by  his  value  to  the  monastery,  he  shall 
be  made  to  give  up  that  work  and  shall  not  go  back  to  it 
until  he  has  convinced  the  abbot  of  his  humility.  And  if 
the  products  of  any  of  these  trades  are  sold,  those  who  con- 
duct the  sales  shall  see  that  no  fraud  is  perpetrated  upon  the 
monastery.  For  those  who  have  any  part  in  defrauding  the 
monastery  are  in  danger  of  spiritual  destruction,  just  as 
Ananias  and  Sapphira  for  this  sin  suffered  physical  death. 
Above  all,  avarice  is  to  be  avoided  in  these  transactions; 
rather  the  prices  asked  should  be  a  little  lower  than  those 
current  in  the  neighborhood,  that  God  may  be  glorified  in 
all  things. 

Ch.  58.  The  way  in  which  new  members  are  to  be  received. 
- — Entrance  into  the  monastery  should  not  be  made  too  easy, 
for  the  apostle  says :  "Try  the  spirits,  whether  they  are  of 
God"  [1  John  4:1].  So  when  anyone  applies  at  the  monas- 
tery, asking  to  be  accepted  as  a  monk,  he  should  first  he 
proved  by  every  test.  He  shall  be  made  to  wait  outside  four 
or  five  days,  continually  knocking  at  the  door  and  begging  to 
be  admitted;  and  then  he  shall  be  taken  in  as  a  guest  and 
allowed  to  stay  in  the  guest  chamber  a  few  days.  If  he  satis- 
fies these  preliminary  tests,  he  shall  then  be  made  to  serve 
a  novitiate  of  at  least  one  year,  during  which  he  shall  be 
placed  under  the  charge  of  one  of  the  older  and  wiser  broth- 
ers, who  shall  examine  him  and  prove,  by  every  possible 
means,  his  sincerity,  his  zeal,  his  obedience,  and  his  ability 
to  endure  shame.  And  he  shall  be  told  in  the  plainest  man- 
ner all  the  hardships  and  difficulties  of  the  life  which  he  has 
chosen.  If  he  promises  never  to  leave  the  monastery  [sta- 


bilitas  loci]  the  rule  shall  he  read  to  him  after  the  first  two 
months  of  his  novitiate,  and  again  at  the  end  of  six  more 
months,  and  finally,  four  months  later,  at  the  end  of  his  year. 
Each  time  he  shall  be  told  that  this  is  the  guide  which  he 
must  follow  as  a  monk,  the  reader  saying  to  him  at  the  end 
of  the  reading:  "This  is  the  law  under  which  you  have  ex- 
pressed a  desire  to  live;  if  you  are  able  to  obey  it,  enter;  if 
not,  depart  in  peace."  Thus  he  shall  have  been  given  every 
chance  for  mature  deliberation  and  every  opportunity  to 
refuse  the  yoke  of  service.  But  if  he  still  persists  in  assert- 
ing his  eagerness  to  enter  and  his  willingness  to  obey  the 
rule  and  the  commands  of  his  superiors,  he  shall  then  be 
received  into  the  congregation,  with  the  understanding  that 
from  that  day  forth  he  shall  never  be  permitted  to  draw  back 
from  the  service  or  to  leave  the  monastery.  The  ceremony 
of  receiving  a  new  brother  into  the  monastery  shall  be  as 
follows:  first  he  shall  give  a  solemn  pledge,  in  the  name  of 
God  and  his  holy  saints,  of  constancy,  conversion  of  life,  and 
obedience  (stabilitas  loci,  conversio  morum,  obedientia) ; l 
this  promise  shall  be  in  writing  drawn  up  by  his  own  hand 
(or,  if  he  cannot  write,  it  may  be  drawn  up  by  another  at  his 
request,  and  signed  with  his  own  mark),  and  shall  be  placed 
by  him  upon  the  altar  in  the  presence  of  the  abbot,  in  the 
name  of  the  saints  whose  relics  are  in  the  monastery.  Then 
he  shall  say:  "Keceive  me,  0  Lord,  according  to  thy  word, 
and  I  shall  live ;  let  me  not  be  cast  down  from  mine  expecta- 
tion" [Ps.  119:116];  which  shall  be  repeated  by  the  whole 
congregation  three  times,  ending  with  the  "Gloria  Patri." 
Then  he  shall  prostrate  himself  at  the  feet  of  all  the  brothers 
in  turn,  begging  them  to  pray  for  him,  and  therewith  he 
becomes  a  member  of  the  congregation.  If  he  has  any  prop- 
erty he  shall  either  sell  it  all  and  give  to  the  poor  before  he 
enters  the  monastery,  or  else  he  shall  turn  it  over  to  the 
monastery  in  due  form,  reserving  nothing  at  all  for  himself; 
for  from  that  day  forth  he  owns  nothing,  not  even  his  own 


No.  251J  MONASTICISM  475 

body  and  will.  Then  he  shall  take  off  his  own  garments  there 
in  the  oratory,  and  put  on  the  garments  provided  by  the 
monastery.  And  those  garments  which  he  put  off  shall  be 
stored  away  in  the  vestiary,  so  that  if  he  should  ever  yield  to 
the  promptings  of  the  devil  and  leave  the  monastery,  he  shall 
be  made  to  put  off  the  garments  of  a  monk,  and  to  put  on 
his  own  worldly  clothes,  in  which  he  shall  be  cast  forth.  But 
the  written  promise  which  the  abbbot  took  from  the  altar 
where  he  placed  it  shall  not  be  given  back  to  him,  but  shall 
be  preserved  in  the  monastery. 

1  The  vows  which  a  monk  had  to  take  are  found  in  chap.  58  and  in 
nos.  252-257.  They  are  differently  stated  but  may  be  summed  up  as 
follows:  (1)  stabilitas  loci,  stability  of  place,  steadfastness;  that  is, 
he  took  a  vow  never  to  leave  the  monastery  and  give  up  the  monastic 
life ;  ( 2 )  conversio  morum,  conversion  of  life ;  that  is,  to  give  up 
all  secular  and  worldly  practices  and  to  conform  to  the  ideals  and 
standards  of  the  monastic  life;  (3)  observance  of  the  rule; 
(4)  obedience,  that  is,  to  the  abbot  and  to  all  his  superiors;  (5) 
chastity;  and  (6)  poverty.  The  last  three  are  generally  meant 
when  "monastic  vows"  are  spoken  of. 

Ch.  59.  The  presentation  of  children. — If  persons  of 
noble  rank  wish  to  dedicate  their  son  to  the  service  of  God 
in  the  monastery,  they  shall  make  the  promise  for  him,  accord- 
ing to  the  following  form :  they  shall  bind  his  hand  and  the 
written  promise  along  with  the  consecrated  host  in  the  altar- 
cloth  and  thus  offer  him  to  God.  And  in  that  document  they 
shall  promise  under  oath  that  their  son  shall  never  receive 
any  of  the  family  property,  from  them  or  any  other  person  in 
any  way  whatsoever.  If  they  are  unwilling  to  do  this,  and 
desire  to  make  some  offering  to  the  monastery  for  charity  and 
the  salvation  of  their  souls,  they  may  make  a  donation  from 
that  property,  reserving  to  themselves  the  usufruct  during 
their  lives,  if  they  wish.  This  shall  all  be  done  so  clearly 
that  the  boy  shall  never  have  any  expectations  that  might 
lead  him  astray,  as  we  know  to  have  happened.  Poor  people 
shall  do  the  same  when  they  offer  their  sons  j  and  if  they  have 


476    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

no  property  at  all  they  shall  simply  make  the  promise  for 
their  son  and  present  him  to  the  monastery  with  the  host 
before  witnesses.1 

i  See  nos.  259,  260. 

Ch.  60.  Priests  who  wish  to  live  in  the  monastery. — If  a 
priest  asks  to  be  admitted  into  the  monastery,  he  shall  not 
be  immediately  accepted.  But  if  he  persists  in  his  request, 
let  it  be  made  clear  to  him  that  he  shall  have  to  obey  the 
whole  rule,  and  that  the  regular  discipline  will  not  be  relaxed 
in  his  favor;  as  it  is  written  "Friend,  wherefore  art  thou 
come?"  [Matt.  26:50].  The  abbot  may  assign  him  the  place 
nearest  himself,  and  may  give  him  authority  to  pronounce 
the  benediction  or  officiate  at  the  mass,  but  the  priest  shall 
not  presume  to  do  any  of  these  things,  except  by  the  authority 
of  the  abbot,  for  he  is  subject  to  the  rule  as  all  the  others,  and 
should  indeed  set  an  example  to  them  by  his  humility.  And 
when  an  ordination  or  other  ceremony  is  held  in  the  monas- 
tery, the  priest  shall  occupy  in  the  service  the  place  which  he 
holds  as  a  monk,  and  not  that  which  he  would  have  as  a 
priest.  Members  of  other  clerical  grades  [deacons,  etc.]  may 
also  be  received  into  the  monastery  as  ordinary  monks,  if  they 
wish  to  enter ;  but  they  shall  be  made  to  promise  obedience 
to  the  rule  and  never  to  leave  the  monastery. 

Ch.  61.  The  reception  of  strange  monies. — If  a  monk 
from  a  distant  region  comes  to  the  monastery  and  asks  to  be 
received,  accepting  the  conditions  and  the  customs  of  the 
place  without  fault-finding,  he  shall  be  welcomed  and  enter- 
tained as  long  as  he  wishes  to  stay.  And  if  he  humbly  sug- 
gests certain  faults  and  possible  improvements  in  the  conduct 
of  the  monastery,  the  abbot  shall  consider  his  suggestions 
carefully,  for  he  may  have  been  sent  there  by  God  for  that 
very  purpose.  If  he  expresses  a  wish  to  remain  permanently 
in  that  monastery,  he  may  be  admitted  to  membership  imme- 
diately, ample  opportunity  having  been  given  to  discover  his 


No.  251]  MONASTICISM  477 

real  character  while  he  was  a  guest.  The  one  who  has  been 
discovered  during  this  time,  however,  to  be  wicked  or  un- 
reasonable, shall  not  only  be  refused  admission  to  the  monas- 
tery as  a  member,  but  shall  be  plainly  told  to  depart,  that  the 
congregation  may  not  be  contaminated  by  his  evil  example. 
Those  who  are  worthy,  on  the  other  hand,  shall  not  only  be 
received  at  their  request,  but  may  be  urged  to  stay  as  a  good 
example  for  the  rest,  since  we  all  serve  the  same  Lord  and 
Master  wherever  we  may  be.  The  abbot  may  even  advance 
such  a  one  to  a  higher  grade  if  he  thinks  best,  for  it  is  in  his 
power  to  promote  not  only  monks,  but  priests  and  other  mem- 
bers of  the  clergy,  if  their  character  and  manner  of  life  make 
it  expedient.  But  the  abbot  should  be  careful  that  he  does 
not  receive  into  his  congregation  monks  from  other  monas- 
teries who  have  left  without  the  consent  of  their  abbot,  or 
the  usual  commendatory  letters;1  as  it  is  written:  "Do  not 
unto  others  what  ye  would  not  that  they  should  do  unto  you" 
[Luke  6:31]. 

i  See  nos.  261-264. 

Ch.  62.  The  ordaining  of  priests  in  the  monastery. — 
When  the  abbot  wishes  to  ordain  a  priest  or  a  deacon  for  the 
service  of  the  monastery,  he  shall  choose  one  of  his  own  con- 
gregation who  is  worthy  to  exercise  such  an  office.  And  that 
brother  shall  not  be  elated  because  of  his  ordination,  nor 
presume  to  exercise  his  office  except  by  the  command  of  the 
abbot;  he  should  rather  obey  the  rule  the  more  carefully 
because  of  his  calling,  that  he  may  grow  in  grace.  Except 
for  his  right  to  officiate  at  the  altar,  he  shall  occupy  the  same 
position  as  before  his  ordination,  unless  he  is  promoted  to  a 
higher  grade  for  his  merits.  He  shall  be  subject  to  the 
authority  of  the  deans  and  prcepositi  of  the  monastery  as  the 
rest,  for  his  priestly  office  ought  to  incline  him  to  greater 
obedience,  rather  than  to  resistance  to  authority.  But  if  he 
is  rebellious  and  refuses  to  submit  even  after  frequent  admoni- 


478    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

tions  from  the  abbot,  he  may  be  handed  over  to  the  bishop  of 
the  diocese  for  correction.  If  after  that  he  persists  in  his 
flagrant  sin,  refusing  utterly  to  obey  the  rule,  he  shall  be  cast 
out  of  the  monastery. 

Ch.  63.  Ranks  among  the  monks. — There  shall  be  differ- 
ent ranks  among  the  monks,  the  rank  of  each  being  deter- 
mined by  the  length  of  his  service,  by  the  character  of  his 
life,  or  by  the  decision  of  the  abbot.  But  in  this  matter  the 
abbot  shall  be  careful  not  to  give  offence  to  any  of  his  con- 
gregation, nor  to  use  his  power  unjustly,  for  God  will  surely 
demand  a  reckoning  of  all  his  acts  and  decisions.  These  dif- 
ferences in  rank  are  to  be  observed  by  the  brothers  in  their 
daily  life,  each  one  having  his  own  position  in  the  choir,  and 
his  own  turn  at  the  confession  and  communion  and  in  lead- 
ing the  psalms.  But  these  differences  shall  not  be  based 
solely  upon  age,  for  we  are  told  that  Samuel  and  Daniel 
while  still  youths  were  made  judges  over  priests;  but  rank 
shall  ordinarily  be  determined  by  the  time  of  entrance  upon 
the  monastic  life,  except  in  the  case  of  promotions  and 
degradations  which  the  abbot  may  have  made  for  cause. 
Thus,  for  example,  one  who  was  admitted  as  a  monk  at  the 
second  hour  of  the  day  shall  be  the  inferior  of  the  one  admit- 
ted at  the  first  hour.  But  in  the  case  of  children  the  disci- 
pline necessary  to  their  welfare  shall  not  be  disturbed  for 
this  consideration.  The  proper  attributes  of  inferiors  are 
honor  and  reverence  for  those  above  them ;  and  of  superiors, 
love  and  affectionate  care  for  those  below  them.  This  dis- 
tinction shall  be  observed  in  addressing  one  another;  thus  an 
inferior  shall  be  addressed  as  brother,  and  a  superior  as 
"nonnus"  [that  is,  tutor  or  elder],  as  a  sign  of  paternal  rev- 
erence. But  the  abbot,  since  he  is  the  representative  of  Christ, 
shall  be  addressed  as  "lord"  and  "abbot"  [that  is,  father], 
not  for  his  own  exaltation,  but  for  the  honor  and  reverence 
which  are  due  to  Christ;  and  on  his  part,  he  shall  always  so 
conduct  himself  as  to  merit  the  honor  which  is  shown  to  him, 


No.  251]  MONASTICISM  479 

When  two  brothers  meet,  the  inferior  shall  ask  the  other  for 
his  blessing.  The  inferior  shall  always  rise  and  offer  his 
superior  his  seat,  and  shall  remain  standing  until  the  other 
bids  him  be  seated ;  as  it  is  written :  "In  honor  preferring  one 
another"  [Rom.  12:10].  The  children  and  youths  are  to  be 
given  their  own  places  at  the  table  and  in  the  oratory,  for  the 
sake  of  preserving  discipline,  and  indeed  they  shall  be  under 
strict  discipline  in  all  circumstances,  until  they  have  arrived 
at  an  age  of  discretion. 

Ch.  64.  The  ordination  of  the  abbot. — The  election  of 
the  abbot  shall  be  decided  by  the  whole  congregation  or  by 
that  part  of  it,  however  small,  which  is  of  "the  wiser  and 
better  counsel."  l  And  he  shall  be  chosen  for  his  meritorious 
life  and  sound  doctrine,  even  if  he  be  the  lowliest  in  the  con- 
gregation. But  if  the  whole  congregation  should  agree  to 
choose  one  simply  because  they  know  that  he  will  wink  at 
their  vices,  and  the  character  of  this  abbot  is  discovered  by 
the  bishop  of  the  diocese  or  by  the  abbots  and  Christian  men 
of  the  neighborhood,  they  shall  refuse  their  consent  to  the 
choice  and  shall  interfere  to  set  a  better  ruler  over  the  house 
of  God.  If  they  do  this  with  pure  motives  in  zeal  for  the 
service  of  God  they  shall  have  their  reward;  just  as,  in 
neglecting  to  do  so,  they  shall  surely  be  guilty  of  sin.  The 
one  who  is  ordained  should  realize  that  he  has  assumed  a 
heavy  burden  and  also  that  he  will  have  to  render  an  account 
of  his  office  to  God.  He  should  understand  that  he  is  set  to 
rule  for  the  profit  of  others  and  not  for  his  own  exaltation. 
He  must  be  learned  in  the  divine  law,  that  he  may  know  how 
and  be  able  to  bring  forth  things  new  and  old  [Matt.  13:52]. 
He  shall  be  chaste,  sober,  and  merciful,  and  always  prefer 
mercy  to  justice,  as  he  hopes  to  receive  the  same  treatment 
from  God.  He  should  love  the  brothers,  but  hate  their  sins. 
He  should  exercise  his  authority  to  correct  with  the  greatest 
prudence,  lest,  as  it  were,  he  should  break  the  vase  in  his 
efforts  to  remove  the  stains.  Let  him  remember  in  this  regard 


480    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

that  he  himself  is  frail,  and  that  "A  bruised  reed  is  not  to 
be  broken"  [Is.  42:3].  We  do  not  mean  that  he  is  to  allow 
vices  to  flourish,  but  that  he  should  exercise  charity  and  care 
in  his  attempts  to  root  them  out,  adapting  his  treatment  to 
each  case,  as  we  said  above.  Let  him  strive  to  make  himself 
loved  rather  than  feared.  He  should  not  be  violent  nor  easily 
worried,  nor  too  obstinate  in  his  opinions ;  he  shall  not  be  too 
jealous  or  suspicious  of  those  about  him,  else  he  shall  never 
have  any  peace  of  mind.  His  commands  shall  be  given  with 
foresight  and  deliberation,  and  he  shall  always  examine  his 
decisions  to  see  whether  they  are  made  with  regard  for  this 
world,  or  for  the  service  of  God.  He  shall  profit  by  the  warn- 
ing of  St.  Jacob,  where  he  says:  "If  I  overdrive  my  flocks, 
they  shall  die  all  in  one  day"  [cf.  Gen.  33:13].  He  should 
rule  wisely,  using  discretion  in  all  things ;  so  that  his  admin- 
istration may  be  such  that  the  strong  shall  delight  in  it,  while 
the  weak  are  not  offended  by  it.  Above  all,  he  should  obey  the 
rule  in  everything.  Then,  at  the  end  of  a  good  ministry,  he 
shall  receive  that  reward  which  the  Lord  has  promised  in  the 
parable  of  the  good  servant:  "Verily,  I  say  unto  you,  that 
he  shall  make  him  ruler  over  all  his  goods"  [Matt.  24:47]. 

1  See  introductory  note  to  no.  113. 

Ch.  65.  The  prcepositus  of  the  monastery. — The  ordina- 
tion of  prcepositi  has  been  a  frequent  source  of  trouble  in  the 
monastery,  for  some  of  them  have  acted  as  if  they  were  second 
abbots,  and  by  their  presumption  have  aroused  ill-feeling  and 
dissensions  in  the  congregation.  This  occurs  especially  where 
the  prcepositus  is  ordained  by  the  bishops  and  abbots  from 
whom  his  own  abbot  has  received  his  ordination.  Herein  is 
found  the  cause  of  the  whole  trouble,  for  the  prcepositus  is  led 
to  believe  himself  freed  from  the  control  of  the  abbot  because 
of  his  equal  ordination.  Thence  arise  envying,  quarrels,  dis- 
sensions, and  disturbances;  for,  the  abbot  and  the  prcepositus 
being  opposed  to  one  another,  the  congregation  is  divided  into 


No.  251]  MONASTICISM  481 

factions,  to  the  peril  of  their  souls.  They  who  ordain  them 
in  this  way  are  responsible  for  these  evils.  Accordingly  we 
believe  it  better,  for  the  sake  of  the  peace  of  the  monastery, 
that  the  abbot  rule  his  congregation  without  a  prcepositus, 
intrusting  the  management  to  deans,  as  we  have  already  sug- 
gested; because  where  several  are  employed  with  equal  au- 
thority, no  one  can  become  unduly  exalted.  But  sometimes 
the  circumstances  seem  to  require  the  services  of  a  prcepositus, 
or  else  the  whole  congregation  humbly  petitions  the  abbot  to 
appoint  one.  Then,  if  he  wishes,  he  may,  with  the  advice  of 
the  brothers,  choose  one  and  ordain  him  himself.  The  prce- 
positus  shall  have  charge  only  of  such  affairs  as  the  abbot 
may  intrust  to  him,  doing  nothing  without  his  consent;  for 
his  position  calls  for  greater  obedience  because  of  the  greater 
trust  committed  to  him.  But  the  wicked  prcepositus  who  acts 
presumptuously  or  refuses  obedience  to  the  rule  shall  be 
admonished  for  his  fault  at  least  four  times;  after  that,  if 
he  persists  in  his  evil  ways,  he  shall  be  subjected  to  the  disci- 
pline provided  in  the  rule;  and  finally  he  shall  be  deposed 
from  his  office,  and  a  worthier  brother  put  in  his  place.  And 
if  he  refuses  to  submit  quietly  and  to  take  his  old  place  in 
the  congregation,  he  shall  be  cast  out  of  the  monastery.  But 
the  abbot  should  examine  his  own  motives  to  see  that  he  is 
not  actuated  by  envy  or  jealousy,  for  he  must  render  account 
to  God  for  all  his  acts. 

Ch.  66.  The  doorkeeper  of  the  monastery. — The  door  of 
the  monastery  shall  be  kept  by  an  aged  monk,  one  who  is  able 
to  perform  the  duties  of  that  position  wisely  and  whose  age 
will  prevent  him  from  being  tempted  to  wander  outside.  He 
shall  have  his  cell  near  the  door  to  be  always  at  hand  to 
answer  to  those  who  knock.  Everyone  who  knocks  shall 
receive  a  ready  response,  the  doorkeeper  welcoming  him  with 
thanks  to  God  for  his  coming  and  giving  him  his  blessing. 
If  he  needs  an  assistant  he  shall  be  given  the  services  of  one 
of  the  younger  brothers.  If  possible,  the  monastery  should 


482    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

contain  within  its  walls  everything  necessary  to  the  life  and 
the  labors  of  the  monks,  such  as  wells,  a  mill,  bake-oven, 
gardens,  etc.,  so  that  they  shall  have  no  excuse  for  going 
outside. 

This  rule  shall  be  read  often  before  the  whole  congregation, 
that  no  brother  may  be  able  to  plead  ignorance  as  an  excuse 
for  his  sin.1 

1  From  this  last  sentence  it  is  thought  that  this  was  at  one  time  the 
end  of  the  rule,  and  that  all  the  chapters  which  follow  were  added 
at  a  later  date. 

Ch.  67.  Brothers  who  are  sent  on  errands. — Those  who 
are  about  to  leave  the  monastery  on  errands,  shall  ask  for  the 
prayers  of  the  abbot  and  the  whole  congregation  while  they 
are  away;  and  this  petition  shall  be  added  to  the  last  prayer 
at  every  service  during  their  absence.  Likewise,  at  the  end 
of  every  service  on  the  day  when  they  return,  they  shall  pros- 
trate themselves  on  the  floor  of  the  oratory  and  ask  all  the 
brothers  to  pray  for  them,  because  of  the  sins  which  they 
may  have  committed  while  out  on  the  road,  sins  of  seeing  or 
of  hearing  or  of  speech.  And  no  one  of  them  shall  venture 
to  relate  to  the  others  anything  that  he  saw  or  heard  while 
out  in  the  world,  for  herein  lies  the  greatest  danger  of  worldly 
contamination.  If  anyone  shall  do  this  he  shall  be  disci- 
plined according  to  the  rule.  Those  who  wander  outside  of 
the  monastery  without  the  permission  of  the  abbot  or  go 
anywhere  or  do  anything  at  all  contrary  to  his  commands 
shall  also  be  punished. 

Ch.  68.  Impossible  commands. — If  a  brother  is  com- 
manded by  his  superior  to  do  difficult  or  impossible  things, 
he  shall  receive  the  command  humbly  and  do  his  best  to  obey 
it ;  and  if  he  finds  it  beyond  human  strength,  he  shall  explain 
to  the  one  in  authority  why  it  cannot  be  done,  but  he  shall 
do  this  humbly  and  at  an  opportune  time,  not  boldly  as  if 
resisting  or  contradicting  his  authority.  But  if  after  this 
explanation  the  superior  still  persists  in  his  demands,  he  shall 


No.  251]  MONASTICISM  483 

do  his  best  to  carry  them  out,  believing  that  they  are  meant 
for  his  own  good,  and  relying  upon  the  aid  of  God,  to  whom 
all  things  are  possible. 

Ch.  69.  No  one  shall  defend  another  in  the  monastery. — 
No  monk  shall  presume  to  come  to  the  defence  of  another 
who  has  been  reprimanded  by  his  superior,  even  if  the  two 
are  bound  by  the  closest  ties  of  relationship,  for  such  actions 
give  rise  to  the  evils  of  insubordination  and  breach  of  disci- 
pline. If  anyone  violates  this  rule,  he  shall  be  severely 
punished. 

Ch.  70.  Monks  shall  not  strike  one  another. — Monks 
should  avoid  especially  the  sin  of  presumption.  Therefore, 
we  forbid  anyone  to  excommunicate  or  to  strike  his  brother, 
unless  by  the  authority  directly  given  him  by  the  abbot. 
When  sinners  are  to  be  punished  it  shall  be  done  before  the 
whole  congregation,  for  the  example  to  the  rest.  Children  and 
youths  under  fifteen  years  shall  be  subject  to  the  discipline 
and  control  of  all  the  brothers,  but  this,  too,  shall  be  exer- 
cised in  reason  and  moderation.  Any  brother  who  of  his  own 
authority  shall  venture  to  strike  one  over  that  age,  or  who 
shall  abuse  the  children  unreasonably,  shall  be  punished 
according  to  the  rule ;  for  it  is  written :  "Do  not  unto  others 
as  ye  would  not  that  they  should  do  unto  you." 

Ch.  71.  Monks  are  mutually  to  obey  one  another. — Not 
only  should  the  monks  obey  the  abbot ;  they  should  also  obey 
one  another,  for  obedience  is  one  of  the  chief  means  of  grace. 
The  commands  of  the  abbot  and  of  the  other  officials  shall 
always  have  precedence  over  those  of  any  persons  not  in 
authority,  but  next  to  them  the  younger  brothers  should  give 
loving  and  zealous  obedience  to  the  commands  of  their  elders. 
If  anyone  refuses  to  do  this,  resisting  the  commands  of  a 
superior,  he  shall  be  corrected  for  his  fault.  Whenever  a 
brother  has  been  reprimanded  by  his  abbot  or  by  any  superior 
for  a  fault  of  any  sort,  or  knows  that  he  has  offended  such  a 
one,  he  shall  immediately  make  amends,  falling  at  the  feet 


484    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  the  offended,  and  remaining  there  until  he  has  received 
his  forgiveness  and  blessing.  And  the  one  who  refuses  to 
humble  himself  in  this  way  shall  be  punished  with  blows, 
being  even  cast  out  of  the  monastery  if  he  persists  in  his 
stubbornness. 

Ch.  72.  The  good  zeal  which  monks  should  have. — There 
are  two  kinds  of  zeal:  one  that  leads  away  from  God  to 
destruction,  and  one  that  leads  to  God  and  eternal  life.  Now 
these  are  the  features  of  that  good  zeal  which  monks  should 
cultivate:  to  honor  one  another;  to  bear  with  one  another's 
infirmities,  whether  of  body  or  mind ;  to  vie  with  one  another 
in  showing  mutual  obedience;  to  seek  the  good  of  another 
rather  than  of  oneself ;  to  show  brotherly  love  one  to  another ; 
to  fear  God ;  to  love  the  abbot  devotedly ;  and  to  prefer  the 
love  of  Christ  above  everything  else.  This  is  the  zeal  that 
leads  us  to  eternal  life. 

Ch.  73.  This  rule  does  not  contain  all  the  measures  neces- 
sary for  righteousness. — The  purpose  of  this  rule  is  to  furnish 
a  guide  to  the  monastic  life.  Those  who  observe  it  will  have 
at  least  entered  on  the  way  of  salvation  and  will  attain  at 
least  some  degree  of  holiness.  But  he  who  aims  at  the  perfect 
life  must  study  and  observe  the  teachings  of  all  the  holy 
fathers,  who  have  pointed  out  in  their  writings  the  way  of 
perfection.  For  every  page  and  every  word  of  the  Bible, 
both  the  New  and  the  Old  Testament,  is  a  perfect  rule  for 
this  earthly  life;  and  every  work  of  the  holy  catholic  fathers 
teaches  us  how  we  may  direct  our  steps  to  God.  The  Colla- 
tions, the  Institutes,  the  Lives  of  the  Saints,  and  the  rule  of 
our  father,  St.  Basil,  all  serve  as  valuable  instructions  for 
monks  who  desire  to  live  rightly  and  to  obey  the  will  of  God. 
Their  examples  and  their  teachings  should  make  us  ashamed 
of  our  sloth,  our  evil  lives,  and  our  negligence.  Thou  who 
art  striving  to  reach  the  heavenly  land,  first  perfect  thyself 
with  the  aid  of  Christ  in  this  little  rule,  which  is  but  the 
beginning  of  holiness,  and  then  thou  mayst  under  the  favor 


No.  254]  MONASTICISM  485 

of  God  advance  to  higher  grades  of  virtue  and  knowledge 
through  the  teaching  of  these  greater  works.     AMEN. 

252.  OATH  OF  THE  BENEDICTINES. 

Jaff6,  IV,  p.  365. 

The  following  documents,  nos.  252-264,  are  examples  of  the 
various  vows,  letters,  and  other  documents  mentioned  in  the  rule. 
As  the  titles  explain  their  character,  no  further  word  of  introduction 
seems  necessary. 

The  promise  of  the  monks  to  obey  the  rule  of  St.  Benedict. 

I,  (name),  in  the  holy  monastery  of  the  blessed  martyr  and 
confessor,  (name),  in  the  presence  of  God  and  his  holy  angels, 
and  of  our  abbot,  (name),  promise  in  the  name  of  God  that 
I  will  live  all  the  days  of  my  life  from  now  henceforth  in 
this  holy  monastery  in  accordance  with  the  rule  of  St.  Bene- 
dict and  that  I  will  obey  whatever  is  commanded  of  me. 
I,  (name),  have  made  this  promise  and  written  it  with  my 
own  hand  and  signed  it  in  the  presence  of  witnesses. 

253.  MONK'S  Vow. 

Migne,  66,  col.  820. 

I,  brother  Gerald,  in  the  presence  of  abbot  Gerald  and 
the  other  brothers,  promise  steadfastness  in  this  monastery 
according  to  the  rule  of  St.  Benedict  and  the  precepts  of  Sts. 
Peter  and  Paul ;  and  I  hereby  surrender  all  my  possessions  to 
this  monastery,  built  in  the  honor  of  St.  Peter  and  governed 
by  the  abbot  Gerald. 

254.  MONK'S  Vow. 

Migne,  66,  col.  820. 

I,  brother  (name),  a  humble  monk  of  the  monastery  of  St. 
Denis  in  France,  in  the  diocese  of  Paris,  in  the  name  of  God, 
the  Virgin  Mary,  St.  Denis,  St.  Benedict,  and  all  the  saints, 
and  of  the  abbot  of  this  monastery,  do  promise  to  keep  the 


486    SOURCE  BOOK  FOR  MED  ^VAL  HISTORY 

vows  of  obedience,  chastity,  and  poverty.  I  also  promise,  in 
the  presence  of  witnesses,  steadfastness  and  conversion  of  life, 
according  to  the  rules  of  this  monastery  and  the  traditions 
of  the  holy  fathers. 

255.  MONK'S  Vow. 

Migne,  66,  col.  820. 

I,  brother  (name),  in  the  presence  of  the  abbot  of  this 
Cistercian  monastery  built  in  the  honor  of  the  ever  blessed 
Virgin  Mary,  mother  of  God,  and  in  the  name  of  God  and  all 
his  saints  whose  relics  are  kept  here,  do  hereby  promise  stead- 
fastness, conversion  of  life,  and  obedience,  according  to  the 
rule  of  St.  Benedict. 

256.  MONK'S  Vow. 

Migne,  66,  col.  821. 

I  hereby  renounce  my  parents,  my  brothers  and  relatives, 
my  friends,  my  possessions  and  my  property,  and  the  vain  and 
empty  glory  and  pleasure  of  this  world.  I  also  renounce  my 
own  will,  for  the  will  of  God.  I  accept  all  the  hardships  of 
the  monastic  life,  and  take  the  vows  of  purity,  chastity,  and 
poverty,  in  the  hope  of  heaven;  and  I  promise  to  remain  a 
monk  in  this  monastery  all  the  days  of  my  life. 

257.  THE  WRITTEN  PROFESSION  or  A  MONK. 

Migne,  66,  col.  825. 

It  was  my  earnest  desire  to  become  a  monk,  but  when  I 
applied  for  admission  to  this  monastery,  I  was  told  it  would 
not  be  granted  until  I  had  been  tried  and  proved.  So  I  was 
at  first  received  only  as  a  guest ;  after  remaining  in  that  posi- 
tion for  several  days,  I  was  accepted  as  a  novice  to  serve  a 
period  of  probation.  During  this  period  I  was  under  the 
charge  of  one  of  the  older  monks.  He  first  explained  to  me 
all  the  hardships  and  difficulties  of  the  life  of  a  monk,  and 


No.  257]  MONASTICISM  487 

after  I  had  promised  steadfastness  in  these  conditions,  he 
said:  "If  you  ever  draw  back  after  giving  your  solemn 
promise  to  obey  the  rule,  you  are  not  fit  for  the  kingdom  of 
God.  You  will  be  driven  from  the  doors  of  the  monastery 
in  the  old  garments  in  which  you  were  first  admitted ;  for  as 
you  put  off  the  world  and  your  worldly  garments  when  you 
became  a  monk,  so  you  shall  be  made  to  put  them  on  again 
to  be  cast  out,  remaining  thenceforth  a  slave  of  the  world  to 
the  contempt  of  all  the  righteous."  But  I  took  courage,  say- 
ing with  David :  "By  the  words  of  thy  lips,  I  have  kept  me 
from  the  paths  of  the  destroyer"  [Ps.  17:4],  for  I  knew  that 
if  I  shared  the  sufferings  of  Christ  I  should  also  share 
his  glorious  resurrection.  Comforting  myself  with  these 
thoughts,  I  promised  that  I  would  keep  all  these  command- 
ments, as  I  hoped  for  eternal  life.  Having  thus  convinced 
the  father  of  my  determination,  I  was  accepted  as  a  novice 
and  made  to  serve  a  novitiate  of  a  year,  during  which  time 
the  rule  was  read  to  me  three  times,  each  time  with  the 
admonition :  "This  is  the  law  under  which  you  have  expressed 
your  desire  to  live;  if  you  are  able  to  obey  it,  enter;  if  not, 
depart  a  free  man."  My  year  of  novitiate  being  completed 
and  my  mind  fully  made  up  after  this  long  and  careful 
deliberation,  I  now  earnestly  pray  you  with  tears  to  receive 
me  into  your  congregation.  Therefore  I  promise,  as  I  hope 
for  salvation,  with  the  aid  of  God  to  observe  the  rule  in  all 
things,  and  to  obey  the  abbot  and  my  superiors;  I  become  a 
bondsman  to  the  rule,  that  I  may  gain  eternal  liberty.  From 
this  day  forth  I  will  never  leave  the  monastery  nor  withdraw 
my  neck  from  the  yoke  of  this  service,  which  I  have  accepted 
freely  and  of  my  own  will  after  a  year  of  deliberation.  I 
solemnly  promise  steadfastness  (stabUitas  loci),  conversion  of 
life,  and  perfect  obedience.  In  witness  thereof  I  have  made 
this  promise  in  writing,  in  the  name  of  the  saints  whose  relics 
are  preserved  here,  and  in  the  name  of  the  abbot,  and  I 
now  present  it.  This  document,  signed  with  my  own  hand, 


488    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

I  now  place  upon  the  altar,  whence  it  shall  be  taken  and  kept 
forever  in  the  archives  of  the  monastery. 

258.  THE  CEREMONY  OF  RECEIVING  A  MONK  INTO  THE 
MONASTERY. 

Migne,  66,  cols.  829  ff. 

After  the  novice  has  made  his  oral  profession,  the  abbot 
puts  on  the  robe  in  which  mass  is  to  be  said.  Then,  after 
the  offertory,  the  abbot  examines  the  novice  as  follows : 

The  abbot  asks:  "Brother  (name),  do  you  renounce  the 
world  and  all  its  vain  and  empty  shows  ?"  The  novice  replies : 
"I  do." 

The  abbot:  "Do  you  promise  conversion  of  life?"  The 
novice:  "I  do." 

The  abbot :  "Do  you  promise  perfect  obedience  to  the  rule 
of  St.  Benedict  ?"  The  novice :  "I  do." 

The  abbot :  "And  may  God  give  you  his  aid." 

Then  the  novice,  or  someone  for  him,  reads  his  written 
promise,  and  places  it  first  upon  his  head  and  then  upon  the 
altar.  Then  he  prostrates  himself  upon  the  ground  with  his 
arms  spread  put  in  the  form  of  a  cross,  saying  the  verse: 
"Receive  me,  0  Lord,"  etc.  During  the  "Gloria  patri,"  the 
"Kyrie,  eleison,"  the  "Pater  noster,"  and  the  litany,  the 
novice  remains  prostrate  before  the  altar,  until  the  end  of 
the  service.  And  the  brothers  in  the  choir  shall  kneel  while 
the  litany  is  being  said.  Then  shall  be  said  the  prayers  for 
the  occasion  as  commanded  by  the  fathers.  Immediately 
after  the  communion  and  before  these  prayers,  the  new  gar- 
ments, which  had  been  folded  and  placed  before  the  altar, 
shall  be  blessed,  being  touched  with  holy  oil  and  sprinkled 
with  water  which  has  been  blessed  by  the  abbot.  After  the 
mass  is  finished,  the  novice,  rising  from  the  ground,  puts  off 
his  old  garments  and  puts  on  the  robes  which  have  just  been 
blessed,  while  the  abbot  recites:  "Exuat  te  Dominus,"  etc. 
Then  the  abbot  and  after  him  all  the  brothers  in  turn  give 


No.  261]  MONASTICISM  489 

the  new  member  the  kiss  of  peace.  He  shall  keep  perfect 
silence  for  three  days  after  this,  going  about  with  his  head 
covered  and  receiving  the  communion  every  day. 

259.  OFFERING  OF  A  CHILD  TO  THE  MONASTERY. 

Migne,  66,  col.  842. 

I  dedicate  this  boy,  in  the  name  of  God  and  his  holy  saints, 
to  serve  our  Lord  Jesus  Christ  as  a  monk,  and  to  remain  in 
this  holy  life  all  his  days  until  his  final  breath. 

260.  OFFERING  OF  A  CHILD  TO  THE  MONASTERY. 

Migne,  66,  col.  842. 

The  dedication  of  children  to  the  service  of  God  is  sanc- 
tioned by  the  example  of  Abraham  and  of  many  other  holy 
men,  as  related  in  the  New  and  Old  Testaments.  Therefore, 
I,  (name),  now  offer  in  the  presence  of  abbot  (name),  this 
my  son,  (name),  to  omnipotent  God  and  to  the  Virgin  Mary, 
mother  of  God,  for  the  salvation  of  my  soul  and  of  the  souls 
of  my  parents.  I  promise  for  him  that  he  shall  follow  the 
monastic  life  in  this  monastery  of  (name),  according  to  the 
rule  of  St.  Benedict,  and  that  from  this  day  forth  he  shall 
not  withdraw  his  neck  from  the  yoke  of  this  service.  I 
promise  also  that  he  shall  never  be  tempted  to  leave  by  me 
or  by  anyone  with  my  consent. 

261.  COMMENDATORY  LETTER. 

Migne,  66,  col.  859. 

To  the  venerable  abbot  (name),  of  the  monastery  of 
(name),  abbot  (name),  of  the  monastery  of  (name),  sends 
greeting  and  the  holy  kiss  of  peace.  We  present  herewith 
our  brother  (name),  whom  we  have  sent  to  you  with  letters  of 
dismissal  and  recommendation.  We  commend  him  to  you 
and  beseech  you  to  take  him  into  your  monastery,  because 
our  monastery  has  become  impoverished  through  various 
reverses.  (Or  this)  We  dismiss  him  from  his  service  in  this 


490    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

monastery  and  free  him  from  his  vow  of  obedience  to  us,  in 
order  that  he  may  serve  the  Lord  under  your  rule. 

262.  COMMENDATORY  LETTER. 

Migne,  66,  col.  859. 

To  the  reverend  father  in  Christ ;  or : 

To  the  pious  and  illustrious  (name) ;  or: 

To  the  abbot  (name),  abbot  (name)  sends  greeting  in  the 
Lord.  Know  that  our  pious  brother  (name),  has  earnestly 
besought  us  to  write  a  commendatory  letter,  recommending 
him  to  your  care  so  that  he  may  serve  the  Lord  under  you 
in  your  monastery.  We  have  granted  his  prayer  and  given 
him  this  letter,  by  which  we  free  him  from  his  vow  of  obedi- 
ence to  us  and  commend  him  to  you,  giving  you  the  right  to 
receive  him  into  your  monastery,  if  he  applies  within  one 
month  from  this  date,  after  which  time  this  letter  shall  not 
be  valid.  This  is  to  show  that  he  has  not  been  expelled  from 
our  monastery  for  evil  conduct,  but  has  been  permitted  to 
leave  us  and  go  to  you,  on  account  of  his  great  desire  to  serve 
the  Lord  under  your  rule. 

263.  GENERAL  LETTER. 

Migne,  66,  col.  859. 

To  all  bishops  and  other  ecclesiastics  and  to  all  Christian 
men:  Know  ye  that  I  have  given  permission  to  this  our 
brother  (name),  to  live  according  to  the  rule  wherever  he 
shall  desire,  believing  it  to  be  for  the  advantage  of  the  monas- 
tery and  the  good  of  his  soul. 

264.  LETTER  OF  DISMISSAL. 

Migne,  66,  col.  859. 

This  our  brother  (name),  has  desired  to  dwell  in  another 
monastery  where  it  seems  to  him  he  can  best  serve  the  Lord 
and  save  his  own  soul.  Know  ye,  therefore,  that  we  have 
given  him  permission  by  this  letter  of  dismissal  to  betake 
himself  thither. 


No.  265]  MONASTICISM  491 

265.  THE  REGULAR  CLERGY.  PROLOGUE  OF  THE  RULE 
OF  ST.  CHRODEGANG,  BISHOP  OF  METZ,  FOR  His  CLERGY, 
ca.  744. 

Holstenius  Codex  Regularum,  etc.,  II,  p.  96. 

We  give  here  only  a  part  of  the  rule  of  St.  Chrodegang,  bishop  of 
Metz,  because  it  makes  clear  the  purpose  for  which  the  rule  was 
composed.  It  was  for  the  clergy  and  not  for  the  monks.  The  rule 
itself  consists  of  a  number  of  paragraphs  prescribing  in  detail  the 
life  of  the  clergy  who  were  to  live  together  with  their  bishop.  This 
action  of  St.  Chrodegang  was  not  altogether  new.  St.  Augustine, 
bishop  of  Hippo  in  Africa,  it  is  said,  had  all  the  clergy  of  his  city 
live  with  him  in  a  common  house  very  much  after  the  fashion  of 
monks  in  a  monastery.  His  example  may  have  had  some  influence, 
but  it  was  not  generally  imitated.  The  immediate  purpose  of  St. 
Chrodegang  in  compelling  the  clergy  of  his  diocese  to  live  with  him 
was  to  reform  them.  They  differed  little  in  life  and  morals  from 
the  laymen  and  were  no  doubt  sadly  in  need  of  a  reform.  They 
were  now  deprived  of  much  of  their  independence.  They  ate  at  a 
common  table,  slept  in  a  common  dormitory,  observed  common  hours 
of  prayer  and  work,  and  in  general  lived  a  "common  life."  They 
were  clergymen,  not  monks,  although  they  lived  in  nearly  all  respects 
as  monks,  and  their  house,  or  canonry,  was  conducted  quite  like  a 
monastery.  They  were  called  by  various  names,  such  as  regular 
clergy,  canons  regular,  regular  canons,  etc.  Other  bishops  imitated 
St.  Chrodegang  and  in  time  it  came  to  be  regarded  as  the  only 
proper  way  for  the  clergy  to  live.  The  Cluniac  reforming  party  sup- 
ported the  idea  with  all  its  power  and  the  regular  clergy  was  soon 
organized  into  orders,  chief  of  which  was  that  of  the  Premonstraten- 
sians,  which  was  established  about  1120. 

There  were  of  course  many  priests  whose  parishes  and  churches 
were  so  far  from  the  cathedral  that  they  could  not  live  with  their 
bishop  and  continue  to  perform  their  parish  duties.  They  lived  in 
the  world  and  hence  were  called  the  "secular  clergy."  The  orders 
of  regular  canons  despised  them  and  heaped  abuse  on  them,  chiefly 
because  they  did  not  live  according  to  a  rule.  The  orders  of  regular 
canons  soon  became  rich,  and  tended  to  indolence  and  luxury.  They 
were  beset  by  the  same  temptations  as  the  monks,  and  their  history 
does  not  differ  materially  from  that  of  the  monkish  orders. 

If  the  authority  of  the  318  holy  fathers  [the  council  of 
Nicaea,  325]  and  of  the  canons  were  observed,  and  the  bishops 


492    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

and  their  clergy  were  living  in  the  proper  way,  it  would  be 
quite  unnecessary  for  anyone  so  humble  and  unimportant 
as  we  to  attempt  to  say  anything  about  this  matter  [that  is, 
the  way  in  which  the  clergy  should  live],  which  has  been  so 
well  treated  by  the  holy  fathers,  or  to  add  anything  new  to 
what  they  have  said.  But  since  the  negligence  of  the  bishops 
as  well  as  of  their  clergy  is  rapidly  increasing,  a  further  duty 
seems  incumbent  on  us.  And  we  are  certainly  in  great  dan- 
ger unless  we  do,  if  not  all  we  should,  at  least  all  we  can,  to 
bring  our  clergy  back  to  the  proper  way  of  living. 

After  I  had  been  made  bishop  of  Metz  [743]  and  had 
begun  to  attend  to  the  duties  of  my  pastoral  office,  I  discov- 
ered that  my  clergy  as  well  as  the  people  were  living  in  a 
most  negligent  manner.  In  great  sorrow  I  began  to  ask 
what  I  ought  to  do.  Relying  on  divine  aid  and  encouraged 
by  my  spiritually  minded  brethren,  I  thought  it  necessary 
to  make  a  little  rule  for  my  clergy,  by  observing  which  they 
would  be  able  to  refrain  from  forbidden  things,  to  put  off 
their  vices,  and  to  cease  from  the  evil  practices  which  they 
have  so  long  followed.  For  I  thought  that  if  their  minds 
were  once  cleared  of  their  vices,  it  would  be  easy  to  teach 
them  the  best  and  holiest  precepts. 

265  a.  MILITARY-MONKISH  ORDERS.  THE  ORIGIN  OF  THE 
TEMPLARS,  1119. 

William  of  Tyre,  bk.  xii,  chap.  7.     Bongars,  Gesta  Dei  per  Francos,  p.  819  f. 

The  Middle  Age  had  two  ideals,  the  monk  and  the  soldier.  The 
monk  was  the  spiritual,  the  soldier  the  military  hero.  The  military- 
monkish  orders,  whose  members  were  both  monks  and  soldiers, 
represent  a  fusion  of  these  two  ideals.  Several  other  orders  were 
formed  in  imitation  of  the  Templars,  such  as  the  Hospitallers,  soon 
after  1119;  the  German  order,  1190;  the  Sword  Brothers,  1202;  the 
order  of  Bethlehem;  the  order  of  Calatrava,  1158;  the  order  of 
Alcantara,  1156;  and  the  Cavalleria  de  St.  lago  de  la  Spada,  1161. 
The  fact  that  all  these  orders  arose  on  the  borderland  between 
Christians  and  Mohammedans,  that  is,  in  Palestine  and  in  Spain, 
would  indicate  their  close  connection  with  the  spirit  of  the  crusades. 


No.  265  a]  MONASTICISM  493 

In  the  same  year  [1118-19]  certain  nobles  of  knightly 
rank,  devout,  religious,  and  God-fearing,  devoting  themselves 
to  the  service  of  Christ,  made  their  vows  to  the  patriarch 
[of  Jerusalem]  and  declared  that  they  wished  to  live  for- 
ever in  chastity,  obedience,  and  poverty,  according  to  the 
rule  of  regular  canons.  Chief  of  these  were  Hugo  de 
Payens  and  Geoffrey  of  St.  Omer.  Since  they  had  neither 
a  church  nor  a  house,  the  king  of  Jerusalem  gave  them  a 
temporary  residence  in  the  palace  which  stands  on  the  west 
side  of  the  temple.  The  canons  of  the  temple  granted  them, 
on  certain  conditions,  the  open  space  around  the  aforesaid 
palace  for  the  erection  of  their  necessary  buildings,  and  the 
king,  the  nobles,  the  patriarch,  and  the  bishops,  each  from 
his  own  possessions,  gave  them  lands  for  their  support.  The 
patriarch  and  bishops  ordered  that  for  the  forgiveness  of  their 
sins  their  first  vow  should  be  to  protect  the  roads  and  espe- 
cially the  pilgrims  against  robbers  and  marauders.  For  the 
first  nine  years  after  their  order  was  founded  they  wore  the 
ordinary  dress  of  a  layman,  making  use  of  such  clothing  as 
the  people,  for  the  salvation  of  their  souls,  gave  them.  But 
in  their  ninth  year  a  council  was  held  at  Troyes  [1128]  in 
France  at  which  were  present  the  archbishops  of  Rheims  and 
Sens  with  their  suffragans,  the  cardinal  bishop  of  Albano, 
papal  legate,  and  the  abbots  of  Citeaux,  Clairvaux,  and  Pon- 
tigny,  and  many  others.  At  this  council  a  rule  was  estab- 
lished for  them,  and,  at  the  direction  of  the  pope,  Honorius 
III,  and  of  the  patriarch  of  Jerusalem,  Stephen,  white  robes 
were  appointed  for  their  dress.  Up  to  their  ninth  year  they 
had  only  nine  members,  but  then  their  number  began  to 
increase  and  their  possessions  to  multiply.  Afterward,  in  the 
time  of  Eugene  III,  in  order  that  their  appearance  might  be 
more  striking,  they  all,  knights  as  well  as  the  other  members 
of  a  lower  grade,  who  were  called  serving  men,  began  to  sew 
crosses  of  red  cloth  on  their  robes.  Their  order  grew  with 
great  rapidity,  and  now  [about  1180]  they  have  300  knights 


494    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

in  their  house,  clothed  in  white  mantles,  besides  the  serving 
men,  whose  number  is  almost  infinite.  They  are  said  to  have 
immense  possessions  both  here  [in  Palestine]  and  beyond 
the  sea  [in  Europe].-  There  is  not  a  province  in  the  whole 
Christian  world  which  has  not  given  property  to  this  order, 
so  that  they  may  be  said  to  have  possessions  equal  to  those  of 
kings.  Since  they  dwelt  in  a  palace  at  the  side  of  the  temple 
they  were  called  "Brothers  of  the  army  of  the  temple."  For 
a  long  time  they  were  steadfast  in  their  purpose  and  were 
true  to  their  vows,  but  then  they  forgot  their  humility,  which 
is  the  guardian  of  all  virtues,  and  rebelled  against  the  patri- 
arch of  Jerusalem  who  had  assisted  in  the  establishment  of 
their  order  and  had  given  them  their  first  lands,  and  refused 
him  the  obedience  which  their  predecessors  had  shown  him. 
They  also  made  themselves  very  obnoxious  to  the  churches  by 
seizing  their  tithes  and  first-fruits  and  plundering  their 
possessions. 

266.  ANASTASIUS  IV  GRANTS  PRIVILEGES  TO  THE 
KNIGHTS  OF  ST.  JOHN  (HOSPITALLERS),  1154. 

Migne,  188,  cols.  1078  ff. 

...  In  accordance  with  your  request,  and  following  the 
example  of  our  predecessors  of  blessed  memory,  Innocent  [II, 
1130-43],  Celestine  [II,  1143-44],  Lucius  [II,  1144-45], 
and  Eugene  [III,  1145-53],  we  take  under  the  protection  of 
St.  Peter  and  of  the  apostolic  see  your  hospital  and  house 
in  Jerusalem,  and  all  the  persons  and  possessions  belonging 
thereto.  And  we  decree  and  command  that  all  your  goods 
and  possessions,  present  and  future,  which  are  used  for  sup- 
plying the  needs  of  the  pilgrims  and  of  the  poor,  whether  in 
Jerusalem  or  in  other  churches  or  cities,  from  whatever 
source  they  may  be  acquired,  shall  remain  unmolested  in  the 
hands  of  you  and  of  your  successors.  You  shall  have  the 
right  to  build  houses  and  churches  and  lay  out  cemeteries 
on  whatever  lands  may  be  given  to  your  house  in  Jerusalem, 


No.  266]  MONASTICISM  495 

provided  that  no  damage  is  thereby  done  to  neighboring 
monasteries  and  religious  houses  which  already  exist.  And 
you  may  build  chapels  and  lay  out  cemeteries  for  the  use  of 
pilgrims  on  whatever  lands  you  may  acquire.  We  further 
decree  that  your  tax  collectors  shall  be  under  the  protection 
of  St.  Peter  and  of  us,  and  wherever  they  may  be  no  one 
shall  dare  attack  them.  We  decree  that  if  any  member  of 
your  fraternity  dies  in  a  territory  which  is  under  the  inter- 
dict, he  shall  not  be  denied  a  Christian  burial  unless  he  has 
been  excommunicated  by  name.  If  any  of  your  members, 
when  sent  out  as  tax'  collectors,  come  to  a  city,  fortress,  or 
village,  which  is  under  the  interdict,  they  may,  once  a  year, 
open  the  churches  in  such  a  place  and  hold  divine  services 
in  them. 

Since  all  your  possessions  should  be  used  only  to  supply 
the  needs  of  the  pilgrims  and  of  the  poor,  we  decree  that 
no  one,  either  lay  or  cleric,  shall  presume  to  levy  tithes  on 
the  income  which  you  receive  from  lands  cultivated  at  your 
own  expense.  No  bishop  shall  have  the  right  to  pronounce 
the  sentence  of  interdict,  suspension,  or  excommunication 
in  your  churches.  If  a  general  interdict  is  put  on  those 
lands  in  which  you  are  living,  you  shall  have  the  right  to 
hold  divine  services  in  your  churches,  provided  that  all  those 
who  are  excommunicated  by  name  be  excluded,  the  doors  of 
the  churches  closed,  and  no  bells  rung.  In  order  that  noth- 
ing may  be  lacking  for  the  care  and  salvation  of  your  souls 
and  that  you  may  have  the  advantages  and  blessings  of  the 
sacraments  and  divine  services,  we  grant  you  the  privilege  of 
receiving  into  your  mother  house  [at  Jerusalem],  as  well  as 
into  all  your  dependent  houses,  all  the  clergy  and  priests 
who  may  ask  for  admission,  provided  that  you  first  inquire 
into  their  character  and  ordination,  and,  secondly,  that  they 
are  not  already  members  of  some  other  order.  Even  though 
their  bishops  do  not  give  their  consent,  you  have,  neverthe- 
less, our  consent  to  receive  all  such  clergy,  and  they  shall 


496    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

not  be  subject  to  anyone  outside  of'  your  order  except  the 
bishop  of  Rome.  You  may  receive  laymen,  provided  that 
they  are  freemen,  into  your  order  to  assist  in  caring  for  the 
poor.  No  man  who  has  been  received  into  your  order,  having 
taken  its  vows  and  assumed  its  dress,  shall  ever  be  permitted 
to  desert  and  go  back  to  the  world.  Nor  shall  any  member 
be  permitted  to  lay  aside  the  dress  of  the  order  and  go  into 
another  order  or  to  any  other  place  without  the  permission 
of  the  brothers  and  of  the  master  of  the  order.  No  person, 
whether  lay  or  cleric,  shall  have  the  right  td  receive  and 
harbor  any  such  deserters.  You  shall  have-  your  altars  and 
churches  consecrated,-  your  clergy  ordained,  and  your  other 
ecclesiastical  matters  attended  to  by  the  bishop  of  the  diocese 
[in  which  you  may  happen  to  be],  provided  .that  he  is  in  the 
favor  and  communion  of  the'  Roman  church,  and  he  shall 
not  wish  to  charge  you  anything  for  these  services.  Other- 
wise, you  may  secure  the  services  of  any  catholic  bishop. 
When  you,  who  are  now  the  master  of  the  order,  die,  the 
brothers  shall  have  the  right  to  elect  your  successor.  We 
confirm  all  the  possessions  which  the  order  has,  or  may  ac- 
quire, on  both  sides  of  the  sea  [that  is,  in  Asia  and  in 
Europe].  .  .  . 

In  1162,  Alexander  III  granted  the  same  privileges  to  the 
Templars. 

267.  INNOCENT  III  ORDERS  THE  BISHOPS  OF  FRANCE  TO 
GUARD  AGAINST  SIMONY  IN  THE  MONASTERIES,  1211. 

Migne,  217,  col.  198. 

In  spite  of  numerous  reforms  the  character  of  the  monks  had 
declined.  The  hard  and  strenuous  life  of  the  early  monks  had  given 
way  to  one  of  luxury  and  comfort.  Men  were  no  longer  impelled  to 
seek  admission  to  the  monasteries  by  the  same  irresistible  religious 
impulse  which  in  the  earlier  centuries  had  filled  the  monasteries  to 
overflowing  and  made  the  monks  models  of  piety.  The  monasteries 
had  become  rich  and  offered  a  life  of  ease  to  all  who  should  enter 
them.  The  monks  became  aristocratic  and  mercenary,  refusing  to 
receive  applicants  who  could  not  pay  a  considerable  sum  of  money. 


No.268]  MONASTICISM  497 

In  spite  of  the  fact  that  monasteries  were  generally  exempt  from 
the  control  of  the  local  bishop,  and  directly  under  the  pope,  Inno- 
cent III  empowers  the  French  bishops  to  interfere  in  the  monasteries 
to  correct  this  abuse. 

Innocent  ...  to  his  venerable  brothers,  the  arch- 
bishops and  bishops  in  France,  greeting  and  apostolic  bene- 
diction. We  have  often  heard  from  many  persons  that  the 
damnable  custom,  or  rather  abuse,  which  has  already  been 
condemned,  has  grown  to  such  a  degree  in  the  monasteries, 
nunneries,  and  other  religious  houses  in  France  that  no  new 
member  is  received  into  them  except  on  the  payment  of 
money,  so  that  all  become  guilty  of  simony.  Lest  we  should 
seem  to  favor  this  sin  by  paying  no  heed  to  these  complaints 
which  have  so  often  been  made,  we  command  you  by  this 
writing  each  one  to  visit  all  the  monasteries  in  his  diocese 
once  a  year  and  to  forbid  them  to  receive  anyone  on  the 
payment  of  money,  and  we  order  you  to  repeat  this  prohibi- 
tion in  your  synods.  In  regard  to  those  who  may  disobey 
this  prohibition,  you  may  inflict  on  them  whatever  punish- 
ment you  may  think  best,  granting  them  no  right  of  appeal. 

268.  INNOCENT  III  GRANTS  THE  USE  OF  THE  MITRE  TO 
THE  ABBOT  OF  MARSEILLES,  1204. 

Migne,  217,  col.  132. 

The  mitre  was  the  headdress  which  bishops  wore  on  important 
occasions.  Like  the  pallium  it  was  conferred  on  them  by  the  pope 
and  symbolized  their  high  spiritual  authority.  Occasionally  the 
pope  granted  its  use  to  some  abbot  whom  he  wished  especially  to 
honor.  Hence  we  have  the  expression,  "a  mitred  abbot." 

Innocent  etc.  ...  to  the  abbot  of  Marseilles.  .  .  . 
Because  your  monastery  has  always  kept  the  true  faith  and 
been  ardently  devoted  to  the  Roman  church  we  have  thought 
that  we  ought  to  honor  you  personally  in  every  way  possible. 
In  order  therefore  that  you  may  be  more  zealously  devoted 
to  your  divine  duties,  we  have  determined  to  grant  you  the 
use  of  the  mitre. 


269.     THE  FRIARS.    THE  RULE  OF  ST.  FRANCIS,  1223. 

Bullarium  Romanum,  III,  i,  229  ff. 

The  monk  deserted  the  world  and  went  into  a  monastery  to  save 
his  own  soul.  The  world  was  left  to  look  after  its  own  salvation. 
St.  Francis  intended  that  the  friars  should  save  their  souls  by  de- 
voting themselves  to  the  service  of  others.  They  were  to  spend  their 
time  in  good  works,  caring  for  the  sick  and  miserable,  acting  as 
missionaries  to  the  heathen,  preaching,  comforting,  and  inciting  to 
holy  living.  They  were  to  be  "brothers"  to  everybody,  rendering  to 
each  one  whatever  service  they  might  see  to  be  necessary  or  helpful. 
Like  Christ,  they  were  to  go  about  doing  good  (Acts  10:  38).  St. 
Francis  was  possessed  with  the  idea  of  imitating  Christ  in  all  things, 
but  especially  in  his  service  to  others  and  in  his  poverty.  He  took 
literally  the  saying  of  Christ:  "The  foxes  have  holes,  and  the  birds 
of  the  air  have  nests ;  but  the  Son  of  man  hath  not  where  to  lay 
his  head"  (Matt.  8:  20)  ;  and  so  he  wished  that  his  order  should  not 
have  monasteries  or  houses  of  any  kind.  Poverty  is  holy.  The 
brothers  should  spend  all  their  time  on  the  road,  stopping  only 
where  they  might  find  some  service  to  be  rendered.  They  were  to 
be  dependent  on  charity  for  everything,  even  for  a  place  to  sleep. 
The  practice  of  poverty  was  in  itself  meritorious,  and  the  greater 
the  poverty  of  his  brothers,  the  greater  their  merit.  But  this  degree 
of  poverty  was  soon  found  to  be  unattainable.  Before  the  death  of 
St.  Francis  (1226)  the  order  had  begun  to  amass  property. 

The  first  rule  of  St.  Francis  was  written  about  1210.  It  was 
probably  composed  chiefly  of  quotations  from  the  gospels.  The  second 
rule  was  written  perhaps  about  1217,  the  third  in  1221,  and  the 
fourth  in  1223.  The  first  two  are  lost.  The  third  is  preserved  in 
three  accounts,  which  differ  slightly  from  each  other.  The  fourth, 
which  is  given  here,  was  confirmed  by  Honorius  III  in  1223.  The 
testament  of  St.  Francis  is  in  many  respects  more  important  than  the 
rule  itself,  because  it  reveals  more  clearly  his  character  and  ideas. 

From  the  rule  it  is  easy  to  determine  the  organization  of  the  order. 
The  general  minister  was  the  head  of  the  whole  order.  The  provincial 
ministers  were  each  at  the  head  of  a  province.  In  each  province 
there  were  guardians  who,  for  the  most  part,  were  at  the  head  of 
a  house  or  monastery. 

About  the  same  time,  St.  Dominic,  a  Spaniard,  established  the 
order  of  Preaching  Friars,  or  Dominicans,  to  combat  the  rising  here- 
sies of  the  day.  These  two  orders  mutually  influenced  each  other 
in  many  ways.  They  were  also  rivals  in  most  things,  especially  in 
preaching  and  learning.  The  Dominicans  were  intrusted  with  the 


No.  269]  MONASTICISM  499 

suppression  of  heresy.    The  Friars  completely  overshadowed  all  other 
orders  during  the  thirteenth  and  fourteenth  centuries. 

1.  This  is  the  rule  and   life   of   the    Minor   Brothers, 
namely,  to  observe  the  holy  gospel  of  our  Lord  Jesus  Christ 
by  living  in  obedience,  in  poverty,  and  in  chastity.     Brother 
Francis  promises  obedience  and  reverence  to  pope  Honorius 
and  to  his  successors  who  shall  be  canonically  elected,  and  to 
the  Roman  Church.     The  other  brothers  are  bound  to  obey 
brother  Francis,  and  his  successors. 

2.  If  any,  wishing  to  adopt  this  life,  come  to  our  brothers 
[to  ask  admission],  they  shall  be  sent  to  the  provincial  min- 
isters, who  alone  have  the  right  to  receive  others  into  the 
order.     The    provincial    ministers    shall    carefully    examine 
them  in  the  catholic  faith  and  the  sacraments  of  the  church. 
And  if  they  believe  all  these  and  faithfully  confess  them  and 
promise  to  observe  them  to  the  end  of  life,  and  if  they  have 
no  wives,  or  if  they  have  wives,  and  the  wives  have  either 
already  entered  a  monastery,  or  have  received  permission  to 
do  so,  and  they  have  already  taken  the  vow  of  chastity  with 
the  permission  of  the  bishop  of  the  diocese  [in  which  they 
live],  and  their  wives  are  of  such  an  age  that  no  suspicion 
can  rise  against  them,  let  the  provincial  ministers  repeat  to 
them  the  word  of  the  holy  gospel,  to  go  and  sell  all  their 
goods  and  give  to  the  poor  [Matt.  19:21].     But  if  they  are 
not  able  to  do  so,  their  good  will  is  sufficient  for  them.     And 
the  brothers  and  provincial  ministers  shall  not  be  solicitous 
about  the  temporal  possessions  of  those  who  wish  to  enter  the 
order;  but  let  them  do  with  their  possessions  whatever  the 
Lord  may  put  into  their  minds  to  do.     Nevertheless,  if  they 
ask  the  advice  of  the  brothers,  the  provincial  ministers  may 
send  them  to  God-fearing  men,  at  whose  advice  they  may 
give  their  possessions  to  the  poor.     Then  the  ministers  shall 
give  them  the  dress  of  a  novice,  namely:  two  robes  without 
a  hood,  a  girdle,  trousers,  a  hood  with  a  cape  reaching  to 
the  girdle.     But  the  ministers  may  add  to  these  if  they 


500    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

think  it  necessary.  After  the  year  of  probation  is  ended 
they  shall  be  received  into  obedience  [that  is,  into  the 
order],  by  promising  to  observe  this  rule  and  life  forever. 
And  according  to  the  command  of  the  pope  they  shall  never 
be  permitted  to  leave  the  order  and  give  up  this  life  and 
form  of  religion.  For  according  to  the  holy  gospel  no  one 
who  puts  his  hand  to  the  plough  and  looks  back  is  fit  for 
the  kingdom  of  God  [Luke  9:62].  And  after  they  have 
promised  obedience,  those  who  wish  may  have  one  robe  with 
a  hood  and  one  without  a  hood.  Those  who  must  may  wear 
shoes,  and  all  the  brothers  shall  wear  common  clothes,  and 
they  shall  have  God's  blessing  if  they  patch  them  with  coarse 
cloth  and  pieces  of  other  kinds  of  cloth.  But  I  warn  and 
exhort  them  not  to  despise  nor  judge'  other  men  who  wear 
fine  and  gay  clothing,  and  have  delicious  foods  and  drinks. 
But  rather  let  each  one  judge  and  despise  himself. 

3.  The  clerical  brothers  shall  perform  the  divine  office 
according  to  the  rite  of  the  holy  Eoman  church,  except  the 
psalter,  from  which  they  may  have  breviaries.  The  lay  broth- 
ers shall  say  24  Paternosters  at  matins,  5  at  lauds,  7  each 
at  primes,  terces,  sexts,  and  nones,  12  at  vespers,  7  at  com- 
pletorium,  and  prayers  for  the  dead.  And  they  shall  fast 
from  All  Saints'  day  [November  1]  to  Christmas.  The}r  may 
observe  or  not,  as  they  choose,  the  holy  Lent  which  begins  at 
epiphany  [January  6]  and  lasts  for  40  days,  and  which  our 
Lord  consecrated  by  his  holy  fasts.  Those  who  keep  it  shall 
be  blessed  of  the  Lord,  but  those  who  do  not  wish  to  keep  it 
are  not  bound  to  do  so.  But  they  shall  all  observe  the  other 
Lent  [that  is,  from  Ash- Wednesday  to  Easter].  The  rest  of 
the  time  the  brothers  are  bound  to  fast  only  on  Fridays.  But 
in  times  of  manifest  necessity  they  shall  not  fast.  But  I 
counsel,  warn,  and  exhort  my  brothers  in  the  Lord  Jesus 
Christ  that  when  they  go  out  into  the  world  they  shall  not 
be  quarrelsome  or  contentious,  nor  judge  others.  But  they 
shall  be  gentle,  peaceable,  and  kind,  mild  and  humble,  and 


No.  269]  MONASTICISM  501 

virtuous  in  speech,  as  is  becoming  to  all.  They  shall  not 
ride  on  horseback  unless  compelled  by  manifest  necessity  or 
infirmity  to  do  so.  When  they  enter  a  house  they  shall  say, 
"Peace  be  to  this  house."  According  to  the  holy  gospel,  they 
may  eat  of  whatever  food  is  set  before  them. 

4.  I  strictly  forbid  all  the  brothers  to  accept  money  or 
property  either  in  person  or  through  another.     Nevertheless, 
for  the  needs  of  the  sick,  and  for  clothing  the  other  brothers, 
the  ministers  and  guardians  may,  as  they  see  that  necessity 
requires,  provide  through  spiritual  friends,  according  to  the 
locality,  season,  and  the  degree  of  cold  which  may  be  ex- 
pected in  the  region  where  they  live.    But,  as  has  been  said, 
they  shall  never  receive  money  or  property. 

5.  Those  brothers  to  whom  the  Lord  has  given  the  ability 
to  work  shall  work  faithfully  and  devotedly,  so  that  idleness, 
which  is  the  enemy  of  the  soul,  may  be  excluded  and  not 
extinguish  the  spirit  of  prayer  and  devotion  to  which  all 
temporal  things  should  be  subservient.     As  the  price  of  their 
labors  they  may  receive  things  that  are  necessary  for  them- 
selves and  the  brothers,  but  not  money  or  property.     And 
they  shall  humbly  receive  what  is  given  them,  as  is  becoming 
to  the  servants  of  God  and  to  those  who  practise  the  most 
holy  poverty. 

6.  The  brothers  shall  have  nothing  of  their  own,  neither 
house,  nor  land,  nor  anything,  but  as  pilgrims  and  strangers 
in  this  world,  serving  the  Lord  in  poverty  and  humility,  let 
them  confidently  go  asking  alms.     Nor  let  them  be  ashamed 
of  this,  for  the  Lord  made  himself  poor  for  us  in  this  world. 
This  is  that  highest  pitch  of  poverty  which  has  made  you, 
my  dearest  brothers,  heirs  and   kings  of  the  kingdom   of 
heaven,  which  has  made  you  poor  in  goods,  and  exalted  you 
in  virtues.     Let  this  be  your  portion,  which  leads  into  the 
land  of  the  living.     Cling  wholly  to  this,  my  most  beloved 
brothers,  and  you  shall  wish  to  have  in  this  world  nothing 
else  than  the  name  of  the  Lord  Jesus  Christ.     And  wherever 


502    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

they  are,  if  they  find  brothers,  let  them  show  themselves  to 
be  of  the  same  household,  and  each  one  may  securely  make 
known  to  the  other  his  need.  For  if  a  mother  loves  and 
nourishes  her  child,  how  much  more  diligently  should  one 
nourish  and  love  one's  spiritual  brother?  And  if  any  of 
them  fall  ill,  the  other  brothers  should  serve  them  as  they 
would  wish  to  be  served. 

•7.  If  any  brother  is  tempted  by  the  devil  and  commits  a 
mortal  sin,  he  should  go  as  quickly  as  possible  to  the  pro- 
vincial minister,  as  the  brothers  have  determined  that  recourse 
shall  be  had  to  the  provincial  ministers  for  such  sins.  If  the 
provincial  minister  is  a  priest,  he  shall  mercifully  prescribe 
the  penance  for  him.  If  he  is  not  a  priest,  he  shall,  as  may 
seem  best  to  him,  have  some  priest  of  the  order  prescribe  the 
penance.  And  they  shall  guard  against  being  angry  or  irri- 
tated about  it,  because  anger  and  irritation  hinder  love  in 
themselves  and  in  others. 

8.  All  the  brothers  must  have  one  of  their  number  as 
their  general  minister  and  servant  of  the  whole  brotherhood, 
and  they  must  obey  him.    At  his  death  the  provincial  minis- 
ters and  guardians  shall  elect  his  successor  at  the  chapter  held 
at  Pentecost,  at  which  time  all  the  provincial  ministers  must 
always  come  together  at  whatever  place  the  general  minister 
may  order.     And  this  chapter  must  be  held  once  every  three 
years,  or  more  or  less  frequently,  as  the  general  minister  may 
think  best.     And  if  at  any  time  it  shall  be  clear  to  the  pro- 
vincial ministers  and  guardians  that  the  general  minister  is 
not  able  to  perform  the  duties  of  his  office  and  does  not  serve 
the  best  interests  of  the  brothers,  the  aforesaid  brothers,  to 
whom  the  right  of  election  is  given,  must,  in  the  name  of 
the  Lord,  elect  another  as  general  minister.     After  the  chap- 
ter at  Pentecost,  the  provincial  ministers  and  guardians  may, 
each  in  his  own  province,  if  it  seems  best  to  them,  once  in 
the  same  year,  convoke  the  brothers  to  a  provincial  chapter. 

9.  If  a  bishop   forbids    the   brothers  to    preach   in   his 


No.  269]  MONASTICISM  503 

diocese,  they  shall  obey  him.  And  no  brother  shall  preach 
to  the  people  unless  the  general  minister  of  the  brotherhood 
has  examined  and  approved  him  and  given  him  the  right  to 
preach.  I  also  warn  the  brothers  that  in  their  sermons  their 
words  shall  be  chaste  and  well  chosen  for  the  profit  and  edifi- 
cation of  the  people.  They  shall  speak  to  them  of  vices  and 
virtues,  punishment  and  glory,  with  brevity  of  speech,  because 
the  Lord  made  the  word  shortened  over  the  earth  [Rom. 
9:28]. 

10.  The  ministers  and  servants  shall  visit  and  admonish 
their  brothers  and  humbly  and  lovingly  correct  them.  They 
shall  not  put  any  command  upon  them  that  would  be  against 
their  soul  and  this  rule.  And  the  brothers  who  are  subject 
must  remember  that  for  God's  sake  they  have  given  up  their 
own  wills.  Wherefore  I  command  them  to  obey  their  min- 
isters in  all  the  things  which  they  have  promised  the  Lord 
to  observe  and  which  shall  not  be  contrary  to  their  souls  and 
this  rule.  And  whenever  brothers  know  and  recognize  that 
they  cannot  observe  this  rule,  let  them  go  to  their  ministers, 
and  the  ministers  shall  lovingly  and  kindly  receive  them  and 
treat  them  in  such  -a  way  that  the  brothers  may  speak  to  them 
freely  and  treat  them  as  lords  speak  to,  and  treat,  their 
servants.  For  the  ministers  ought  to  be  the  servants  of  all 
the  brothers.  I  warn  and  exhort  the  brothers  in  the  Lord 
Jesus  Christ  to  guard  against  all  arrogance,  pride,  envy, 
avarice,  care,  and  solicitude  for  this  world,  detraction,  and 
murmuring.  And  those  who  cannot  read  need  not  be  anxious 
to  learn.  But  above  all  things  let  them  desire  to  have  the 
spirit  of  the  Lord  and  his  holy  works,  to  pray  always  to  God 
with  a  pure  heart,  and  to  have  humility,  and  patience  in 
persecution  and  in  infirmity,  and  to  love  those  who  persecute 
us  and  reproach  us  and  blame  us.  For  the  Lord  says,  "Love 
your  enemies,  and  pray  for  those  who  persecute  and  speak 
evil  of  you"  [cf .  Matt.  5  :44] .  "Blessed  are  they  who  suffer 
persecution  for  righteousness'  sake,  for  theirs  is  the  kingdom 


504    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  heaven"  [Matt.  5  :10].     He  that  endureth  to  the  end  shall 
be  saved  [Matt.  10:22]. 

11.  I  strictly  forbid  all  the  brothers  to  have  any  associa- 
tion or  conversation  with  women  that  may  cause  suspicion. 
And  let  them  not  enter  nunneries,  except  those  which  the 
pope  has  given  them  special  permission  to  enter.     Let  them 
not  be  intimate  friends  of  men  or  women,  lest  on  this  account 
ecandal  arise  among  the  brothers  or  about  brothers. 

12.  If  any  of  the  brothers  shall  be  divinely  inspired  to 
go  among  Saracens  and  other  infidels  they  must  get  the  per- 
mission to  go  from  their  provincial  minister,  who  shall  give 
his  consent  only  to  those  who  he  sees  are  suitable  to  be  sent. 
In  addition,  I  command  the  ministers  to  ask  the  pope  to 
assign  them  a  cardinal  of  the  holy  Roman  church,  who  shall 
be  the  guide,  protector,  and  corrector  of  the  brotherhood,  in 
order  that,  being  always  in  subjection  and  at  the  feet  of  the 
holy  church,  and  steadfast  in  the  catholic  faith,  they  may 
observe  poverty,  humility,  and  the  holy  gospel  of  our  Lord 
Jesus  Christ,  as  we  have  firmly  promised  to  do.    Let  no  man 
dare  act  contrary  to  this  confirmation.    If  anyone  should,  etc. 

270.    THE  TESTAMENT  OF  ST.  FRANCIS,  1220. 

Bullarium  Romanum,  III,  i,  pp.  231  ff 

1.  While  I  was  still  in  my  sins,  the  Lord  enabled  me  to 
begin  to  do  penance  in  the  following  manner:  It  seemed  to 
me  bitterly  unpleasant  to  see  lepers,  but  the  Lord  led  me 
among  them  and  gave  me  pity  for  them.     And  when  I  left 
them,  that  which  had  been  bitter  to  me  was  turned  into  sweet- 
ness of  soul  and  body.     And  a  short  time  afterward  I  left 
the  world  [that  is,  began  the  religious  life}* 

2.  And  the  Lord  gave  me  such  faith  in  churches  that  I 
knelt  in  simplicity  and  said,  "We  adore  thee,  most  holy  Lord 
Jesus  Christ,  and  all  thy  churches  which  are  in  the  world, 
and  we  bless   thee   because  thou  hast  redeemed  the  world 
through  thy  holy  cross." 


No.  270]  MONASTICISM  505 

3.  Afterward  the  Lord  gave,  and  still  gives  me,  such  faith 
in  priests  who  live  according  to  the  form  of  the  holy  Roman 
church,  because  of  their  clerical  character,  that  if  they  should 
persecute  me  I  would  still  have  recourse  to  them.    And  if  I 
were  as  wise  as  Solomon  and  should  find  a  poor  priest  in  this 
world,  I  would  not  preach  against  his  will  in  his  church. 
And  I  wish  to  fear,  love,  and  honor  all  priests  as  my  lords. 
I  am  unwilling  to  think  of  sins  in  them,  because  I  discern 
in  them  the  Son  of  God,  and  they  are  my  lords.     And  on 
this  account,  I  wish  to  perceive  in  this  world  nothing  of  the 
most  high  Son  of  God  except  his  most  holy  body  and  his  most 
holy  blood  which  they  [the  priests]  receive  in  the  sacraments, 
and  they  alone  administer  to  others. 

4.  And  these  most  holy  mysteries  I  wish  to  honor  and 
venerate  above  all  things,  and  to  put  them  up  in  honorable 
places. 

5.  And  his  most  holy  names  and  words,  wherever  I  shall 
find  them,  in  improper  places,  I  wish  to  collect,  and  I  ask 
that  they  be  collected  and  put  up  in  honorable  places. 

6.  We  ought  to  honor  and  venerate  all  theologians,  who 
minister  to  us  the  divine  word,  as  those  who  minister  to  us 
the  spirit  of  life. 

7.  And  afterward  the  Lord  gave  me  brothers   [that  is, 
followers],  and  no  one  showed  me  what  I  ought  to  do,  but 
the  Lord  himself  revealed  to  me  that  I  ought  to  live  accord- 
ing to  the  form  of  the  holy  gospel,  and  I  caused  it  to  be 
written  in  a  few  simple  words. 

8.  And  the   pope  confirmed  the  rule.     And  those  who 
came  to  adopt  this  life  gave  all  they  had  to  the  poor.    And 
we  were  content  with  one  robe,  mended  within  and  without, 
and  those  who  wished  had  a  girdle  and  trousers. 

9.  We  said  the  office  as  other  clergymen,  the  laymen  said 
Paternosters,  and  we  gladly  remained  in  the  churches  and 
we  were  simple  and  obedient. 

10.  And  I  labored  with  my  hands,  and  I  wish  to  labor. 


506    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

And  I  wish  all  my  brothers  to  engage  in  some  honest  work. 
And  those  who  do  not  know  how,  shall  learn;  not  because 
of  the  desire  to  receive  wages  for  their  labor,  but  to  set  a 
.good  example  and  to  escape  idleness. 

11.  And  when  the  wages  for  our  labors  are  not  given  us, 
let  us  go  to  the  table  of  the  Lord  and  ask  alms  from  door 
to  door. 

12.  The  Lord  revealed   to  me   this   salutation  that   we 
should  use  it:  "May  the  Lord  give  thee  peace." 

13.  The  brothers  shall  guard  against  receiving  the  churches 
and  dwellings  which  are  built  for  us,  unless,  as  becomes  the 
holy  poverty  which  we  have  promised  to  observe  in  our  rule, 
they  always  live  there  as  pilgrims  and  strangers. 

14.  ,  By  their  oath  of  obedience  I  firmly  forbid  the  broth- 
ers, wherever  they  are,  to  ask  for  a  letter  from  the  papal  court, 
either  themselves  or  through  another,  in  order  to  secure  a 
church  or  any  position,  either  in  the  hope  of  securing  a 
place  to  preach,  or  because  of  persecution  which  they  may 
suffer.     But  wherever  they  shall  not  be  received,  they  shall 
flee  to  another  place  to  do  penance  with  the  blessing  of  the 
Lord. 

15.  And  I  earnestly  wish  to  obey  the  general  minister  of 
this  brotherhood,  and  that  guardian  -whom  he  may  put  over 
me.     And  I  wish  to  be  so  entirely  in  his  hands  and  so  sub- 
ject to  his  control  that  I  cannot  go,  or  do  anything,  contrary 
to  his  will,  because  he  is  my  lord. 

16.  And  although  I  am  simple  and  infirm,  I  wish  always 
to  have  a  clergyman  who  may  perform  the  office  for  me  as 
is  contained  in  the  rule.     And  all  other  brothers  are  bound 
by  their  oaths  to  obey  the  guardians,  and  perform  the  office 
according  to  the  rule. 

17.  And  if  any  do  not  perform  the  office  according  to  the 
rule,  but  wish  to  change  it  in  some  way,  or  if  there  are  any 
who  are  not  catholic,  all  the  brothers  are  bound  by  their 


No.  270]  MONASTICISM  507 

oath  of  obedience  to  report  all  such,  wherever  they  may  find 
them,  to  the  nearest  guardian.  And  the  guardian  must  watch 
them  night  and  day,  as  a  man  in  chains,  so  that  they  can- 
not escape,  until  he  delivers  them  into  the  hands  of  the 
general  minister.  And  the  general  minister  shall  send  them 
with  brothers  who  shall  guard  them  night  and  day,  as  a 
man  in  chains,  until  they  deliver  them  to  the  cardinal  bishop 
of  Ostia,*who  is  the  protector  and  corrector  of  this  brother- 
hood. 

18.  And  the  brothers  shall  not  say  that  this  is  another 
rule,  because  it  is  only  a  reminder,  an  admonition,  an  ex- 
hortation, and  my  testament,  which  I,  your  poor  brother, 
Franciscus,  make  for  you,  my  dear  brothers,  that  we  wholly 
observe  the  rule  which  we  have  promised  to  the  Lord. 

19.  And  the  general  minister  and  all  the  other  ministers 
and  guardians  are  bound  by  their  oath  of  obedience  not  to 
add  to,  or  take  from,  these  words.     But  they  shall  always 
have  this  writing  in  addition  to  the  rule,  and  in  all  the  chap- 
ters when  they  read  the  rule  they  shall  also  read  this.     I 
strictly  forbid  all  the  brothers,  clerical  and  lay,  to  put  glosses 
[explanations]  into  the  rule  or  this  testament  in  order  to 
change  the  simple  meaning  of  their  words.     But  as  the  Lord 
enabled  me  to  say  and  to  write  the  rule  and  these  words  sim- 
ply and  plainly,  so  you  shall  understand  them  simply  and 
plainly  and  without  gloss.     And  with  holy  works  you  shall 
observe  them  to  the  end. 

20.  And  whoever  shall  observe  them  shall  be  filled  in 
heaven  with  the  blessing  of  the  most  high  heavenly  Father, 
and  in  the  earth  he  shall  be  filled  with  the  benedictions  of 
His  Son,  with  the  most  holy  Spirit,  the  Paraclete,  and  with 
all  the  virtues  of  heaven  and  of  all  the  saints.     And  I,  your 
poor  brother  and  servant,  Franciscus,  as  far  as  I  can,  con- 
firm to  you,  within  and  without,  that  most  holy  benediction. 
Amen. 


508    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

271.  INNOCENT  IV  GRANTS  THE  FRIARS  PERMISSION  TO 
RIDE  ON  HORSEBACK  WHEN  TRAVELLING  IN  THE  SERVICE  OF 
THE  KING  OF  ENGLAND,  1250. 

Migne,  217,  col.  109. 

Innocent  [IV],  servant  of  the  servants  of  God,  to  his  most 
beloved  son  in  Christ  [Henry  III],  king  of  England,  sends 
greeting  and  apostolic  benediction.  Although  all  Domini- 
cans and  Franciscans  are  forbidden  to  ride  on  horseback  we 
gladly  give  assent  to  your  prayers  and  grant  those  friars,  both 
Dominican  and  Franciscan,  whom  you  may  wish  to  take  with 
you  on  your  journey  over  sea,  our  full  and  free  permission 
to  ride  on  horseback  whenever,  on  account  of  the  exigencies 
of  the  journey,  you  may  wish  them  to  do  so. 

272.  ALEXANDER  IV  CONDEMNS  THE  ATTACKS  MADE  ON 
THE  FRIARS  BECAUSE  OF  THEIR  IDLENESS  AND  BEGGING,  1256. 

Denzinger,  p.  131. 

The  Friars  soon  became  the  favorites  of  the  popes,  who  gave  them 
almost  unlimited  concessions  and  privileges.  By  these  privileges  the 
authority  of  the  Friars  was  made  far  greater  than  that  of  the  parish 
priest.  Before  long  the  parish  clergy  complained  that  their  authority 
was  weakened  and  undermined  by  the  Friars.  The  Friars  despised 
the  parish  clergy,  who  in  turn  hated  the  Friars  and  resented  their 
interference  in  the  local  affairs  of  the  parish.  The  Friars  generally 
were  more  lenient  confessors  and  had  more  liberal  indulgences,  and 
hence  the  parish  priest  soon  saw  his  parishioners  deserting  him  and 
nocking  to  the  Friars.  This  meant  not  only  a  diminution  of  his 
authority  and  influence  in  his  own  parish,  but  also  a  reduction  in 
his  income.  He  complained  also  that  he  could  hot  maintain  strict 
discipline  and  holy  living  in  his  parish  because  his  people  found  it 
easy  to  secure  light  penance  and  large  indulgences  from  the  Friars. 
A  long  and  bitter  struggle  ensued  between  them.  The  two  following 
documents  illustrate  the  criticisms  which  the  secular  clergy  made 
on  the  Friars.  It  will  be  observed  that  in  both  cases  the  pope  con- 
demns these  criticisms. 

In  1256  Alexander  IV  condemned  the  following  sentiments 
as  errors:  That  the  Friars,  both  Dominicans  and  Francis- 
cans, are  not  in  the  way  to  be  saved.  Their  begging  and 


No.  273]  MONASTICISM  509 

poverty  are  neither  meritorious  nor  able  to  secure  their  salva- 
tion, because,  if  they  are  strong,  they  ought  to  work  with 
their  hands  and  not  remain  idle  in  the  hope  of  securing  aid 
from  others.  And  that  they  should  not  have  the  permission 
of  the  pope  or  bishops  to  preach  and  to  hear  confession,  be- 
cause by  this  great  harm  is  done  to  the  parish  clergy. 

273.    JOHN  XXII  CONDEMNS  THE  THESES  OF  JOHN  OF 

POILLY  IN  WHICH  HE  ATTACKED  THE  FRIARS,   1320. 

Denzinger,  p.  140. 

John  of  Poilly,  a  professor  of  Theology,  attacked  the 
Friars  and  set  forth  the  following  theses,  which  were  con- 
demned as  erroneous  by  John  XXII,  1320: 

1.  That  all  those  who  confess  their  sins  to  Friars  who 
have  only  a  general  licence  to  hear  confession  are  bound  to 
confess  the  same  sins  again  to  their  own  priest.  2.  That  so 
long  as  the  edict  "Omnis  utriusque  sexus"  stands,  which  was 
enacted  in  a  general  council,  the  pope  himself  is  not  able  to 
release  parishioners  from  the  duty  of  confessing  their  sins 
once  a  year  to  their  own  priest,  that  is,  their  parish  priest. 
Nay,  more,  not  even  God  himself  can  do  this,  because  it 
involves  a  contradiction.  3.  That  the  pope  has  no  authority 
to  grant  a  general  licence  to  hear  confession.1 

1  The  parish  priest  received  a  licence  to  hear  confession  only  in  his 
own  parish,  while  the  Friars  received  a  general  licence  to  hear  con- 
fession everywhere.  The  decree  "Omnis  utriusque  sexus"  (All  persons 
of  both  sexes)  is  the* twenty-first  chapter  of  the  decrees  of  the  Lateran 
council  of  1215,  and  concerns  the  duty  of  making  confession.  Accord- 
ing to  its  terms  every  Christian  must  confess  at  least  once  a  year 
to  his  own  parish  priest.  If  he  wished  to  confess  to  some  other 
priest,  he  had  first  to  secure  the  permission  of  his  parish  priest  to 
do  so. 


IX.     THE   CRUSADES 

The  following  selections  are  meant  to  illustrate  briefly  ( 1 )  the 
religious  value  attaching  to  crusading,  nos.  274-277;  (2)  the  imme- 
diate origin  of  the  crusading  movement,  nos.  278-280;  (3)  the  dis- 
orders and  excesses  attending  the  first  crusade,  nos.  282,  283;  (4) 
the  crusade  of  Frederic  Barbarossa,  no.  285;  (5)  the  activity  of  the 
popes  in  fostering  the  crusades,  the  special  inducements  offered  by 
them  to  crusaders,  etc.,  nos.  284,  287,  288;  (6)  the  commercial  inter- 
ests of  the  Italian  cities,  nos.  286,  288. 

274.  THE  MERITORIOUS  CHARACTER  OF  MARTYRDOM. 
ORIGEN,  EXHORTATION  TO  MARTYRDOM,  235  A.D.,  CHAPS.  30 
AND  50.  (GREEK.) 

Edited  by  Paul  Koetschau,  I,  pp.  26  f  and  46. 

The  chief  inducement  which  the  church  at  first  offered  crusaders 
was  the  remission  o*  their  sins.  To  lose  one's  life  in  fighting  against 
pagans  and  infidels,  or  even  to  wage  war  on  them,  was  regarded  as 
closely  akin  to  martyrdom,  and  therefore  as  possessing  the  power  to 
atone  for  sins.  Cf.  nos.  274-277.  As  the  interest  in  the  crusades 
declined,  the  church  found  it  necessary  to  offer  still  other  induce- 
ments, chiefly  of  a  secular  character.  The  student  should  compare 
the  later  documents  with  the  earlier  in  order  to  see  what  new 
inducements  were  offered. 

Ch.  30.  But  we  must  remember  that  we  have  sinned  and 
that  there  is  no  forgiveness  of  sins  without  baptism,  and  that 
the  gospel  does  not  permit  us  to  be  baptized  a  second  time 
with  water  and  the  spirit  for  the  forgiveness  of  sins,  and  that 
therefore  the  baptism  of  martyrdom  is  given  us.  For  thus 
it  has  been  called,  as  may  clearly  be  implied  from  the  passage, 
"Can  ye  drink  of  the  cup  that  I  drink  of?  and  be  baptized 
with  the  baptism  that  I  am  baptized  with?"  [Mark  10:38], 

510 


No.  276]  CRUSADES  511 

And  in  another  place  it  is  said,  "But  I  have  a  baptism  to 
he  baptized  with;  and  how  am  I  straitened  till  it  be  accom- 
plished!" [Luke  12:50].  For  be  sure  that  just  as  the  sac- 
rifice of  the  Saviour  was  for  the  whole  world,  so  the  baptism 
by  martyrdom  is  for  the  service  of  many  who  are  thereby 
cleansed  [of  their  sins].  For  as  those  sitting  near  the  altar 
according  to  the  law  of  Moses  minister  forgiveness  of  sins  to 
others  through  the  blood  of  bulls  and  goats  [Heb.  9:13],  so 
the  souls  of  those  who  have  suffered  martyrdom  ire  now 
near  the  altar  [in  heaven]  for  a  particular  purpose  and  grant 
forgiveness  of  sins  to  those  who  pray.  And  at  the  same  time 
we  know  that  just  as  the  high  priest,  Jesus  Christ,  offered 
himself  as  a  sacrifice,  so  the  priests  [that  is,  the  martyrs],  of 
whom  he  is  the  high  priest,  offer  themselves  as  a  sacrifice, 
and  on  account  of  this  sacrifice  [which  they  make],  they 
have  a  right  to  be  at  the  altar  [in  heaven], 

Ch.  50.  Just  as  we  were  redeemed  with  the  precious 
blood  of  Christ  [1  Peter  1 :19],  who  received  the  name  which 
is  above  every  name  [Phil.  2:9],  so  by  the  precious  blood  of 
the  martyrs  will  others  be  redeemed. 

275.  ORIGEN,  COMMENTARY  ON  NUMBERS,  HOMILY  X,  2. 
(GREEK.) 

I  fear  therefore  that  now  since  there  are  no  more  martyrs 
and  the  saints  are  not  offered  up  as  sacrifices  [that  is,  as 
martyrs],  we  are  not  securing  the  remission  of  our  sins,  and 
that  the  devil,  knowing  that  sins  are  forgiven  by  the  suffering 
of  martyrs,  does  not  wish  to  stir  up  the  heathen  to  persecute  us. 

276.  FORGIVENESS  OF  SINS  FOR  THOSE  WHO  DIE  IN  BAT- 
TLE WITH  THE  HEATHEN.     LEO  IV  (847-55)  TO  THE  ARMY 
OF  THE  FRANKS. 

Migne,  115,  cols.  656,  657;  and  161,  col.  720. 

Now  we  hope  that  none  of  you  will  be  slain,  but  we  wish 
you  to  know  that  the  kingdom  of  heaven  will  be  given  as  a 


512    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

reward  to  those  who  shall  be  killed  in  this  war.  For  the 
Omnipotent  knows  that  they  lost  their  lives  fighting  for  the 
truth  of  the  faith,  for  the  preservation  of  their  country,  and 
the  defence  of  Christians.  And  therefore  God  will  give  them 
the  reward  which  we  have  named. 

277.  INDULGENCE  FOB  FIGHTING  HEATHEN,  878. 

Migne,  126,  col.  816. 

John  II  to  the  hishops  in  the  realm  of  Louis  II  [the  Stam- 
merer]. You  have  modestly  expressed  a  desire  to  know 
whether  those  who  have  recently  died  in  war,  righting  in 
defence  of  the  church  of  God  and  for  the  preservation  of  the 
Christian  religion  and  of  the  state,  or  those  who  may  in  the 
future  fall  in  the  same  cause,  may  obtain  indulgence  for  their 
sins.  We  confidently  reply  that  those  who,  out  of  love  to 
the  Christian  religion,  shall  die  in  battle  fighting  bravely 
against  pagans  or  unbelievers,  shall  receive  eternal  life.  For 
the  Lord  has  said  through  his  prophet :  "In  whatever  hour  a 
sinner  shall  be  converted,  I  will  remember  his  sins  no  longer/' 
By  the  intercession  of  St.  Peter,  who  has  the  power  of  bind- 
ing and  loosing  in  heaven  and  on  the  earth,  we  absolve,  as 
far  as  is  permissible,  all  such  and  commend  them  by  our 
prayers  to  the  Lord. 

278.  GREGORY  VII  CALLS  FOR  A  CRUSADE,  1074. 

Migne,  148,  col.  329. 

Gregory  VII  barely  missed  the  honor  of  having  begun  the  crusading 
movement.  His  plan  is  clear  from  the  following  letter.  The  situation 
in  1095  was  not  materially  different  from  that  in  1074,  and  it  is 
probable  that  Urban  II,  when  he  called  for  a  crusade,  had  nothing 
more  in  mind  than  Gregory  VII  had  when  he  wrote  this  letter. 
Gregory  was  unable  to  carry  out  his  plans  because  ne  became  in- 
volved in  the  struggle  with  Henry  IV. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  all  who 
are  willing  to  defend  the  Christian  faith,  greeting  and  apos- 
tolic benediction. 


No.  279]  CRUSADES  513 

We  hereby  inform  you  that  the  bearer  of  this  letter,  on  his 
recent  return  from  across  the  sea  [from  Palestine],  came  to 
Rome  to  visit  us.  He  repeated  what  we  had  heard  from  many 
others,  that  a  pagan  race  had  overcome  the  Christians  and 
with  horrible  cruelty  had  devastated  everything  almost  to  the 
walls  of  Constantinople,  and  were  now  governing  the  con- 
quered lands  with  tyrannical  violence,  and  that  they  had 
slain  many  thousands  of  Christians  as  if  they  were  but  sheep. 
If  we  love  God  and  wish  to  be  recognized  as  Christians,  we 
should  be  filled  with  grief  at  the  misfortune  of  this  great 
empire  [the  Greek]  and  the  murder  of  so  many  Christians. 
But  simply  to  grieve  is  not  our  whole  duty.  The  example  of 
our  Redeemer  and  the  bond  of  fraternal  love  demand  that  we 
should  lay  down  our  lives  to  liberate  them.  "Because  he 
laid  down  his  life  for  us :  and  we  ought  to  lay  down  our  lives 
for  the  brethren"  [1  John  3:16].  Know,  therefore,  that  we 
are  trusting  in  the  mercy  of  God  and  in  the  power  of  his 
might  and  that  we  are  striving  in  all  possible  ways  and  mak- 
ing preparations  to  render  aid  to  the  Christian  empire  [the 
Greek]  as  quickly  as  possible.  Therefore  we  beseech  you  by 
the  faith  in  which  you  are  united  through  Christ  in  the  adop- 
tion of  the  sons  of  God,  and  by  the  authority  of  St.  Peter, 
prince  of  apostles,  we  admonish  you  that  you  be  moved  to 
proper  compassion  by  the  wounds  and  blood  of  your  brethren 
and  the  danger  of  the  aforesaid  empire  and  that,  for  the  sake 
of  Christ,  you  undertake  the  difficult  task  of  bearing  aid  to 
your  brethren  [the  Greeks].  Send  messengers  to  us  at  once 
to  inform  us  of  what  God  may  inspire  you  to  do  in  this  matter. 

279.  THE  SPEECH  OF  URBAN  II  AT  THE  COUNCIL  OF 
CLERMONT,  1095.  FTTLCHER  OF  CHARTRES. 

Bongars,  Gesta  Dei  per  Francos,  I,  pp.  382  f. 

In  1094  or  1095,  Alexius,  the  Greek  emperor,  sent  to  the  pope, 
Urban  II,  and  asked  for  aid  from  the  west  against  the  Turks,  who 
had  taken  nearly  all  of  Asia  Minor  from  him.  At  the  council  of 
Cbrmont  Urban  addressed  a  great  crowd  and  urged  all  to  go  to  the 


514    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

aid  of  the  Greeks  and  to  recover  Palestine  from  the  rule  of  the 
Mohammedans.  The  acts  of  the  council  have  not  been  preserved, 
but  we  have  four  accounts  of  the  speech  of  Urban  which  were 
written  by  men  who  were  present  and  heard  him.  We  give  the 
two  most  important  of  these  accounts.  The  interest  of  the  speech 
lies  in  the  fact  that  it  gave  the  impulse  which  started  the  crusading 
movement. 

"Most  beloved  brethren:  Urged  by  necessity,  I,  Urban,  by 
the  permission  of  God  chief  bishop  and  prelate  over  the 
whole  world,  have  come  into  these  parts  as  an  ambassador 
with  a  divine  admonition  to  you,  the  servants  of  God.  I 
hoped  to  find  you  as  faithful  and  as  zealous  in  the  service 
of  God  as  I  had  supposed  you  to  be.  But  if  there  is  in  you 
any  deformity  or  crookedness  contrary  to  God's  law,  with 
divine  help  I  will  do  my  best  to  remove  it.  For  God  has 
put  you  as  stewards  over  his  family  to  minister  to  it.  Happy 
indeed  will  you  be  if  he  finds  you  faithful  in  your  steward- 
ship. You  are  called  shepherds;  see  that  you  do  not  act  as 
hirelings.  But  be  true  shepherds,  with  your  crooks  always 
in  your  hands.  Do  not  go  to  sleep,  but  guard  on  all  sides 
the  flock  committed  to  you.  For  if  through  your  careless- 
ness or  negligence  a  wolf  carries  away  one  of  your  sheep,  you 
will  surely  lose  the  reward  laid  up  for  you  with  God.  And 
after  you  have  been  bitterly  scourged  with  remorse  for  your 
faults,  you  will  be  fiercely  overwhelmed  in  hell,  the  abode  of 
death.  For  according  to  the  gospel  you  are  the  salt  of  the 
earth  [Matt.  5  :13].  But  if  you  fall  short  in  your  duty,  how, 
it  may  be  asked,  can  it  be  salted  ?  0  how  great  the  need  of 
salting!  It  is  indeed  necessary  for  you  to  correct  with  the 
salt  of  wisdom  this  foolish  people  which  is  so  devoted  to  the 
pleasures  of  this  world,  lest  the  Lord,  when  He  may  wish  to 
speak  to  them,  find  them  putrefied  by  their  sins,  unsalted 
and  stinking.  For  if  He  shall  find  worms,  that  is,  sins,  in 
them,  because  you  have  been  negligent  in  your  duty,  He 
will  command  them  as  worthless  to  be  thrown  into  the  abyss 
of  unclean  things.  And  because  you  cannot  restore  to  Him 


No.  279]  CRUSADES  515 

His  great  loss,  He  will  surely  condemn  you  and  drive  you 
from  His  loving  presence.  But  the  man  who  'applies  this 
salt  should  be  prudent,  provident,  modest,  learned,  peaceable, 
watchful,  pious,  just,  equitable,  and  pure.  For  how  can  the 
ignorant  teach  others  ?  How  can  the  licentious  make  others 
modest?  And  how  can  the  impure  make  others  pure?  If 
anyone  hates  peace,  how  can  he  make  others  peaceable?  Or 
if  anyone  has  soiled  his  hands  with  baseness,  how  can  he 
cleanse  the  impurities  of  another?  We  read  also  that  if  the 
blind  lead  the  blind,  both  will  fall  into  the  ditch  [Matt. 
15 :14].  But  first  correct  yourselves,  in  order  that,  free  from 
blame,  you  may  be  able  to  correct  those  who  are  subject  to 
you.  If  you  wish  to  be  the  friends  of  God,  gladly  do  the 
things  which  you  know  will  please  Him.  You  must  espe- 
cially let  all  matters  that  pertain  to  the  church  be  controlled 
by  the  law  of  the  church.  And  be  careful  that  simony  does 
not  take  root  among  you,  lest  both  those  who  buy  and  those 
who  sell  [church  offices]  be  beaten  with  the  scourges  of  the 
Lord  through  narrow  streets  and  driven  into  the  place  of 
destruction  and  confusion.  Keep  the  church  and  the  clergy 
in  all  its  grades  entirely  free  from  the  secular  power.  See 
that  the  tithes  that  belong  to  God  are  faithfully  paid  from 
all  the  produce  of  the  land;  let  them  not  be  sold  or  with- 
held. If  anyone  seizes  a  bishop  let  him  be  treated  as  an 
outlaw.  If  anyone  seizes  or  robs  monks,  or  clergymen,  or 
nuns,  or  their  servants,  or  pilgrims,  or  merchants,  let  him 
be  anathema  [that  is,  cursed].  Let  robbers  and  incendiaries 
and  all  their  accomplices  be  expelled  from  the  church  and 
anathematized.  If  a  man  who  does  not  give  a  part  of  his 
goods  as  alms  is  punished  with  the  damnation  of  hell,  how 
should  he  be  punished  who  robs  another  of  his  goods?  For 
thus  it  happened  to  the  rich  man  in  the  gospel  [Luke  16  :19]  ; 
for  he  was  not  punished  because  he  had  stolen  the  goods  of 
another,  but  because  he  had  not  used  well  the  things  which 
were  his. 


516    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

"You  have  seen  for  a  long  time  the  great  disorder  in  the 
world  caused  by  these  crimes.  It  is  so  bad  in  some  of  your 
provinces,  I  am  told,  and  you  are  so  weak  in  the  administra- 
tion of  justice,  that  one  can  hardly  go  along  the  road  by  day 
or  night  without  being  attacked  by  robbers ;  and  whether  at 
home  or  abroad,  one  is  in  danger  of  being  despoiled  either  by 
force  or  fraud.  Therefore  it  is  necessary  to  reenact  the  truce, 
as  it  is  commonly  called,  which  was  proclaimed  a  long  time 
ago  by  our  holy  fathers.  I  exhort  and  demand  that  you, 
each,  try  hard  to  have  the  truce  kept  in  your  diocese.  And 
if  anyone  shall  be  led  by  his  cupidity  or  arrogance  to  break 
this  truce,  by  the  authority  of  God  and  with  the  sanction  of 
this  council  he  shall  be  anathematized." 

After  these  and  various  other  matters  had  been  attended 
to,  all  who  were  present,  clergy  and  people,  gave  thanks  to 
God  and  agreed  to  the  pope's  proposition.  They  all  faith- 
fully promised  to  keep  the  decrees.  Then  the  pope  said  that 
in  another  part  of  the  world  Christianity  was  suffering  from 
a  state  of  affairs  that  was  worse  than  the  one  just  mentioned. 
He  continued : 

"Although,  0  sons  of  God,  you  have  promised  more  firmly 
than  ever  to  keep  the  peace  among  yourselves  and  to  preserve 
the  rights  of  the  church,  there  remains  still  an  important 
work  for  you  to  do.  Freshly  quickened  by  the  divine  cor- 
rection, you  must  apply  the  strength  of  your  righteousness 
to  another  matter  which  concerns  you  as  well  as  God.  For 
your  brethren  who  live  in  the  east  are  in  urgent  need  of  your 
help,  and  you  must  hasten  to  give  them  the  aid  which  has 
often  been  promised  them.  For,  as  the  most  of  you  have 
heard,  the  Turks  and  Arabs  have  attacked  them  and  have 
conquered  the  territory  of  Romania  [the  Greek  empire]  as 
far  west  as  the  shore  of  the  Mediterranean  and  the  Hellespont, 
which  is  called  the  Arm  of  St.  George.  They  have  occupied 
more  and  more  of  the  lands  of  those  Christians,,  and  have 
overcome  them  in  seven  battles.  They  have  killed  and  cap- 


No.  279]  CRUSADES  517 

tured  many,  and  have  destroyed  the  churches  and  devastated 
the  empire.  If  you  permit  them  to  continue  thus  for  awhile 
with  impunity,  the  faithful  of  God  will  be  much  more  widely 
attacked  by  them.  On  this  account  I,  or  rather  the  Lord, 
beseech  you  as  Christ's  heralds  to  publish  this  everywhere 
and  to  persuade  all  people  of  whatever  rank,  foot-soldiers 
and  knights,  poor  and  rich,  to  carry  aid  promptly  to  those 
Christians  and  to  destroy  that  vile  race  from  the  lands 
of  our  friends.  I  say  this  to  those  who  are  present,  it 
is  meant  also  for  those  who  are  absent.  Moreover,  Christ 
commands  it. 

"All  who  die  by  the  way,  whether  by  land  or  by  sea,  or  in 
battle  against  the  pagans,  shall  have  immediate  remission 
of  sins.  This  I  grant  them  through  the  power  of  God  with 
which  I  am  invested.  0  what  a  disgrace  if  such  a  despised 
and  base  race,  which  worships  demons,  should  conquer  a 
people  which  has  the  faith  of  omnipotent  God  and  is  made 
glorious  with  the  name  of  Christ!  With  what  reproaches 
will  the  Lord  overwhelm  us  if  you  do  not  aid  those  who,  with 
us,  profess  the  Christian  religion !  Let  those  who  have  been 
accustomed  unjustly  to  wage  private  warfare  against  the 
faithful  now  go  against  the  infidels  and  end  with  victory  this 
war  which  should  have  been  begun  long  ago.  Let  those  who, 
for  a  long  time,  have  been  robbers,  now  become  knights.  Let 
those  who  have  been  fighting  against  their  brothers  and  rela- 
tives now  fight  in  a  proper  way  against  the  barbarians.  Let 
those  who  have  been  serving  as  mercenaries  for  small  pay 
now  obtain  the  eternal  reward.  Let  those  who  have  been 
wearing  themselves  out  in  both  body  and  soul  now  work  for  a 
double  honor.  Behold!  on  this  side  will  be  the  sorrowful 
and  poor,  on  that,  the  rich ;  on  this  side,  the  enemies  of  the 
Lord,  on  that,  his  friends.  Let  those  who  go  not  put  off 
the  journey,  but  rent  their  lands  and  collect  money  for  their 
expenses ;  and  as  soon  as  winter  is  over  and  spring  comes,  let 
them  eagerly  set  out  on  the  way  with  God  as  their  guide." 


518    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

280.  THE  COUNCIL  OF  CLERMONT,  1095.  EGBERT  THE 
MONK. 

Bongars,  I,  pp.  31  f. 

In  1095  a  great  council  was  held  in  Auvergne,  in  the  city 
of  Clermont.  Pope  Urban  II,  accompanied  by  cardinals  and 
bishops,  presided  over  it.  It  was  made  famous  by  the  pres- 
ence of  many  bishops  and  princes  from  France  and  Germany. 
After  the  council  had  attended  to  ecclesiastical  matters,  the 
pope  went  out  into  a  public  square,  because  no  house  was  able 
to  hold  the  people,  and  addressed  them  in  a  very  persuasive 
speech,  as  follows :  "0  race  of  the  Franks,  0  people  who  live 
beyond  the  mountains  [that  is,  reckoned  from  Eome],  0 
people  loved  and  chosen  of  God,  as  is  clear  from  your  many 
deeds,  distinguished  over  all  other  nations  by  the  situation  of 
your  land,  your  catholic  faith,  and  your  regard  for  the  holy 
church,  we  have  a  special  message  and  exhortation  for  you. 
For  we  wish  you  to  know  what  a  grave  matter  has  brought 
us  to  your  country.  The  sad  news  has  come  from  Jerusalem 
and  Constantinople  that  the  people  of  Persia,  an  accursed 
and  foreign  race,  enemies  of  God,  'a  generation  that  set  not 
their  heart  aright,  and  whose  spirit  was  not  steadfast  with 
God'  [Ps.  78:8],  have  invaded  the  lands  of  those  Christians 
and  devastated  them  with  the  sword,  rapine,  and  fire.  Some 
of  the  Christians  they  have  carried  away  as  slaves,  others  they 
have  put  to  death.  The  churches  they  have  either  destroyed 
or  turned  into  mosques.  They  desecrate  and  overthrow  the 
altars.  They  circumcise  the  Christians  and  pour  the  blood 
from  the  circumcision  on  the  altars  or  in  the  baptismal  fonts. 
Some  they  kill  in  a  horrible  way  by  cutting  open  the  abdomen, 
taking  out  a  part  of  the  entrails  and  tying  them  to  a  stake; 
they  then  beat  them  and  compel  them  to  walk  until  all  their 
entrails  are  drawn  out  and  they  fall  to  the  ground.  Some 
they  use  as  targets  for  their  arrows.  They  compel  some  to 
stretch  out  their  necks  and  then  they  try  to  see  whether  they 
can  cut  off  their  heads  with  one  stroke  of  the  sword.  It  is 


No.  280]  CRUSADES  519 

better  to  say  nothing  of  their  horrible  treatment  of  the 
women.  They  have  taken  from  the  Greek  empire  a  tract  of 
land  so  large  that  it  takes  more  than  two  months  to  walk 
through  it.  Whose  duty  is  it  to  avenge  this  and  recover  that 
land,  if  not  yours  ?  For  to  you  more  than  to  other  nations 
the  Lord  has  given  the  military  spirit,  courage,  agile  bodies, 
and  the  bravery  to  strike  down  those  who  resist  you.  Let 
your  minds  be  stirred  to  bravery  by  the  deeds  of  your  fore- 
fathers, and  by  the  efficiency  and  greatness  of  Karl  the  Great, 
and  of  Ludwig  his  son,  and  of  the  other  kings  who  have 
destroyed  Turkish  kingdoms,  and  established  Christianity  in 
their  lands.  You  should  be  moved  especially  by  the  holy 
grave  of  our  Lord  and  Saviour  which  is  now  held  by  unclean 
peoples,  and  by  the  holy  places  which  are  treated  with  dis- 
honor and  irreverently  befouled  with  their  uncleanness. 

"0  bravest  of  knights,  descendants  of  unconquered  ances- 
tors, do  not  be  weaker  than  they,  but  remember  their  courage. 
If  you  are  kept  back  by  your  love  for  your  children,  relatives, 
and  wives,  remember  what  the  Lord  says  in  the  Gospel :  'He 
that  loveth  father  or  mother  more  than  me  is  not  worthy  of 
me'  [Matt.  10 :37] ;  'and  everyone  that  hath  forsaken  houses, 
or  brothers,  or  sisters,  or  father,  or  mother,  or  wife,  or  chil- 
dren, or  lands  for  my  name's  sake,  shall  receive  a  hundred- 
fold and  shall  inherit  everlasting  life'  [Matt.  19:29].  Let 
no  possessions  keep  you  back,  no  solicitude  for  your  property. 
Your  land  is  shut  in  on  all  sides  by  the  sea  and  mountains, 
and  is  too  thickly  populated.  There  is  not  much  wealth  here, 
and  the  soil  scarcely  yields  enough  to  support  you.  On  this 
account  you-  kill  and  devour  each  other,  and  carry  on  war  and 
mutually  destroy  each  other.  Let  your  hatred  and  quarrels 
cease,  your  civil  wars  come  to  an  end,  and  all  your  dissen- 
sions stop.  Set  out  on  the  road  to  the  holy  sepulchre,  take 
the  land  from  that  wicked  people,  and  make  it  your  own. 
That  land  which,  as  the  Scripture  says,  is  flowing  with  milk 
and  honey,  God  gave  to  the  children  of  Israel.  Jerusalem 


520    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

is  the  best  of  all  lands,  more  fruitful  than  all  others,  as  it 
were  a  second  Paradise  of  delights.  This  land  our  Saviour 
made  illustrious  by  his  birth,  beautiful  with  his  life,  and 
sacred  with  his  suffering;  he  redeemed  it  with  his  death  and 
glorified  it  with  his  tomb.  This  royal  city  is  now  held  cap- 
tive by  her  enemies,  and  made  pagan  by  those  who  know  not 
God.  She  asks  and  longs  to  be  liberated  and  does  not  cease 
to  beg  you  'to  come  to  her  aid.  She  asks  aid  especially  from 
you  because,  as  I  have  said,  God  has  given  more  of  the 
military  spirit  to  you  than  to  other  nations.  Set  out  on 
this  journey  and  you  will  obtain  the  remission  of  your  sins 
and  be  sure  of  the  incorruptible  glory  of  the  kingdom  of 
heaven." 

When  Pope  Urban  had  said  this  and  much  more  of  the 
same  sort,  all  who  were  present  were  moved  to  cry  out  with 
one  accord,  "It  is  the  will  of  God,  it  is  the  will  of  God." 
When  the  pope  heard  this  he  raised  his  eyes  to  heaven  and 
gave  thanks  to  God,  and,  commanding  silence  with  a  gesture 
of  his  hand,  he  said :  "My  dear  brethren,  today  there  is  ful- 
filled in  you  that  which  the  Lord  says  in  the  Gospel,  'Where 
two  or  three  are  gathered  together  in  my  name,  there  am  I 
in  the  midst'  [Matt.  18:20].  For  unless  the  Lord  God  had 
been  in  your  minds  you  would  not  all  have  said  the  same 
thing.  For  although  you  spoke  with  many  voices,  neverthe- 
less it  was  one  and  the  same  thing  that  made  you  speak.  So 
I  say  unto  you,  God,  who  put  those  words  into  your  hearts, 
has  caused  you  to  utter  them.  Therefore  let  these  words  be 
your  battle  cry,  because  God  caused  you  to  speak  them. 
Whenever  you  meet,  the  enemy  in  battle,  you  shall  all  cry 
out,  'It  is  the  will  of  God,  it  is  the  will  of  God.'  And  we  do 
not  command  the  old  or  weak  to  go,  or  those  who  cannot  bear 
arms.  No  women  shall  go  without  their  husbands,  or  broth- 
ers, or  proper  companions,  for  such  would  be  a  hindrance 
rather  than  a  help,  a  burden  rather  than  an  advantage.  Let 
the  rich  aid  the  poor  and  equip  them  for  fighting  and  take 


No.  281]  CRUSADES  521 

them  with  them.  Clergymen  shall  not  go  without  the  con- 
sent of  their  bishop,  for  otherwise  the  journey  would  be  of  no 
value  to  them.  Nor  will  this  pilgrimage  be  of  any  benefit  to 
a  layman  if  he  goes  without  the  blessing  of  his  priest.  Who- 
ever therefore  shall  determine  to  make  this  journey  and  shall 
make  a  vow  to  God  and  shall  offer  himself  as  a  living  sacri- 
fice, holy,  acceptable  to  God  [Rom.  12:1],  shall  wear  a  cross 
on  his  brow  or  on  his  breast.  And  when  he  returns  after 
having  fulfilled  his  vow  he  shall  wear  the  cross  on  his  back. 
In  this  way  he  will  obey  the  command  of  the  Lord,  'Whoso- 
ever doth  not  bear  his  cross  and  come  after  me  is  not  worthy 
of  me'"  [Luke  14:27],  When  these  things  had  been. done, 
while  all  prostrated  themselves  on  the  earth  and  beat  their 
breasts,  one  of  the  cardinals,  named  Gregory,  made  confession 
for  them,  and  they  were  given  absolution  for  all  their  sins. 
After  the  absolution,  they  received  the  benediction  and  the 
permission  to  go  home. 

281.  THE  TRUCE  OF  GOD  AND  INDULGENCE  FOE  CRU- 
SADERS. THE  COUNCIL  OF  CLERMONT,  1095. 

Mansi,  XX,  816. 

The  canons  of  this  council  in  their  original  form  have  not  been 
preserved.  We  have  translated  the  first  two  canons  as  Mansi  has 
formulated  them.  See  also  nos.  240  ff.  for  truce  of  God. 

1.  It  was  decreed  that  monks,  clergymen,  women,  and 
whatever  they  may  have  with  them,  shall  be  under  the  pro- 
tection of  the  peace  all  the  time   [that  is,  shall  never  be 
attacked].      On  three  days  of  the  week,  that  is,  Monday, 
Tuesday,  and  Wednesday,  an  act  of  violence  committed  by 
one  person  against  another  shall  not  be  regarded  as  a  viola- 
tion of  the  peace  [truce].     But  on  the  remaining  four  days 
of  the  week  if  anyone  does  an  injury  to  another,  he  shall  be 
held  to  be  a  violator  of  the  holy  peace  [truce],  and  he  shall 
be  punished  as  has  been  decreed. 

2.  If  anyone  out  of  devotion  alone  and  not  for  honor  or 


522    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

gain  sets  out  for  Jerusalem  to  free  the  church  of  God,  the 
journey  shall  be  regarded  as  the  equivalent  of  all  penance. 

282.  RABBLE  BANDS  OF  CRUSADERS.  EKKEHARD  OF 
AURA,  HIEROSOLIMITA. 

Edited  by  Hagenmeyer,  pp.  122  S. 

The  lack  of  unity  and  organization  in  the  first  crusade  gave  many 
persons  an  opportunity  to  plunder  and  rob  and  commit  all  kinds  of 
violence  under  the  cloak  of  religion.  Because  they  had  taken  the  cross 
they  pretended  that  they  were  privileged  and  might  do  as  they  pleased. 
They  attempted  to  live  at  the  expense  of  others.  This  and  the 
following;  selection  will  give  an  idea  of  the  violence  and  excesses 
committed  by  them.  Their  villainous  conduct  led  many  devout 
persons  to  criticise  the  crusading  movement  very  sharply.  The  events 
described  by  Ekkehard  occurred  in  1096.  He  wrote  the  account 
between  1103  and  1106. 

Folkmar  [a  priest]  led  his  following  [about  12,000] 
through  Bohemia.  When  they  came  to  Neitra,  a  town  of 
Hungary,  the  people  rose  against  them,  took  some  of  them 
prisoners  and  killed  others.  Only  a  very  few  of  them  escaped 
and  they  still  tell  how  the  sign  of  the  cross  appeared  in  the 
sky  over  them  and  saved  them  from  imminent  death. 

Gotschalk,  not  a  true  but  a  false  servant  of  God,  suffered 
some  losses  while  passing  with  his  army  through  Austria. 
After  entering  Hungary,  as  a  remarkable  proof  of  their 
hypocrisy,  they  fortified  a  certain  town  on  a  hill  and,  after 
establishing  a  garrison  there,  the  rest  of  them  began  to  plun- 
der the  country  round  about.  But  the  town  was  soon  taken 
by  the  natives  and  many  of  the  crusaders  were  killed.  Got- 
schalk, the  hireling  and  not  a  pastor,  and  those  who  were 
with  him  were  driven  off. 

There  arose  also  in  those  days  a  certain  knight,  named 
Emicho,  a  count  from  the  Rhine  region,  who  for  a  long  time 
had  been  infamous  because  of  his  manner  of  living.  Like  a 
second  Saul  [1  Sam.  10 :9-13],  he  said  that  he  had  been  called 
by  divine  revelation  to  engage  in  this  sort  of  religious  under- 


No.  283]  CRUSADES  523 

taking.  He  gathered  about  12,000  crusaders,  and  while  pass- 
ing through  the  cities  along  the  Rhine,^Wain,  and  Danube, 
led  by  their  zeal  for  Christianity,  they  persecuted  the  hated 
race  of  the  Jews  wherever  they  found  them,  and  strove  either 
to  destroy  them  completely  or  to  compel  them  to  become 
Christians.  They  were  joined  on  the  way  by  many  men  and 
women.  When  they  came  to  the  frontier  of  Hungary,  which 
is  protected  by  swamps  and  forests,  they  were  prevented  from 
entering  it  by  guards  who  were  stationed  there  for  that  pur- 
pose; for  king  Coloman  had  heard  that  the  Germans  made 
no  distinction  between  pagans  and  Hungarians.  The  cru- 
saders besieged  Wieselburg  [at  the  junction  of  the  Danube 
and  the  Leitha]  for  six  weeks,  during  which  time  they  suf- 
fered a  good  many  hardships.  A  foolish  quarrel  arose  among 
them  over  the  question  who  of  them  should  rule  as  king  over 
Hungary  after  they  had  taken  it.  They  were  about  to  take 
the  city,  the  walls  were  broken  down  and  the  inhabitants  were 
fleeing  and  setting  fire  to  their  own  houses,  when,  in  a  miracu- 
lous manner,  the  victorious  army  of  crusaders  began  to  flee, 
leaving  all  their  provisions  and  supplies.  They  escaped  with 
nothing  but  their  lives. 

283.  PETER  THE  HERMIT.  ANONYMI  GESTA  FRANCORUM, 
1097-99. 

Edited  by  Hagenmeyer,  pp.  106  ff. 

The  anonymous  author  of  the  Gesta  Francorum  was  a  knight  from 
southern  Italy  who  went  with  Boemund  on  the  crusade.  He  wrote 
his  account  of  the  crusade  at  various  times  while  on  the  march  to 
Jerusalem.  After  the  capture  of  the  city  and  the  battle  with  the 
Mohammedans  before  Ascalon,  he  added  a  chapter  in  which  he  de- 
scribed those  events.  From  the  passage  here  given  it  will  be  seen 
that  Peter  the  Hermit  played  a  very  inglorious  part  in  the  first 
crusade.  His  army  did  not  differ  either  in  its  character  or  in  its 
fate  from  those  of  Folkmar,  Gotschalk,  and  Emicho. 

One  of  the  divisions  of  the  Franks  passed  through  Hun- 
gary. The  leaders  of  these  were  Peter  the  Hermit,  Godfrey, 


524    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

his  brother  Baldwin,  and  Baldwin,  count  of  Mt.  Henno, 
These  most  powerful  knights  and  many  others,  whose  names 
I  do  not  know,  went  by  the  road  which  Karl  the  Great,  the 
famous  king  of  France,  had  caused  to  be  made  to  Constanti- 
nople. But  Peter,  with  a  large  number  of  Germans,  preceded 
all  the  others  to  Constantinople,  which  he  reached  August  1 
[1096].  There  he  found  some  Lombards,  [other]  Italians, 
and  many  others  assembled.  The  emperor  had  given  them 
a  market  and  had  told  them  not  to  cross  the  strait  until  the 
great  body  of  crusaders  should  come,  because  they  were  not 
numerous  enough  to  meet  the  Turks  in  battle.  But  these 
crusaders  were  conducting  themselves  badly.  They  were  de- 
stroying and  burning  palaces  [in  the  suburbs  of  Constanti- 
nople], and  they  stole  the  lead  with  which  the  churches  were 
covered,  and  sold  it  to  the  Greeks.  At  this  the  emperor  be- 
came angry  and  ordered  them  to  cross  the  strait.  But  after 
they  crossed  they  continued  to  do  all  the  damage  possible, 
burning  and  plundering  houses  and  churches.  At  length 
they  came  to  Nicomedia  where,  because  of  the  haughtiness  of 
the  French,  the  Lombards,  Italians,  and  Germans  separated 
from  them  and  chose  a  leader  named  Eaynald.  They  then 
marched  four  days  into  the  interior.  Beyond  Nicsea  they 
found  a  castle,  named  Xerigordon,  which  had  no  garrison. 
They  took  it  and  found  in  it  a  good  deal  of  grain,  wine,  and 
meat,  and  an  abundance  of  all  kinds  of  provisions.  The 
Turks,  hearing  that  the  Christians  were  in  this  castle,  came 
to  besiege  it.  Before  the  gate  of  the  castle  was  a  well  and 
at  the  foot  of  the  castle  a  spring  of  water.  Near  this  spring 
Eaynald  laid  an  ambush  to  catch  the  Turks.  But  they  came 
on  St.  Michael's  day  [September  29],  and  discovered  the 
ambuscade  and  fell  upon  Eaynald  and  those  who  were  with 
him,  and  killed  many  of  them.  Those  who  escaped  fled  into  the 
castle.  The  Turks  laid  close  siege  to  the  castle  and  cut  off 
its  supply  of  water.  And  the  crusaders  suffered  so  from  thirst 
that  they  bled,  the  horses  and  donkeys  and  drank  their  blood. 


No.  283]  CRUSADES  525 

And  some  let  down  girdles  and  pieces  of  rags  into  the  cistern 
and  squeezed  the  water  out  of  them  into  their  mouths.  Some 
even  drank  urine,  and  others,  to  relieve  their  thirst,  dug  holes 
in  the  ground  and,  lying  on  their  backs,  covered  their  breasts 
with  the  moist  earth.  The  bishops  and  priests  comforted 
them  and  urged  them  not  to  give  up,  saying,  "Be  strong  in 
the  faith  of  Christ,  and  fear  not  those  who  persecute  you, 
as  the  Lord  said,  'Fear  not  them  which  kill  the  body,  but  are 
not  able  to  kill  the  soul'  "  [Matt.  10 :28].  This  continued  for 
eight  days.  Finally  the  leader  of  the  Germans  agreed  with 
the  Turks  to  betray  his  companions  to  them.  So,  pretending 
to  go  out  to  fight,  he  fled  to  the  Turks  and  many  went  with 
him.  But  those  who  would  not  deny  their  Lord  were  killed. 
The  Turks  took  some  prisoners  and  divided  them  like  sheep 
among  themselves.  Some  of  these  they  put  up  as  targets  and 
shot  arrows  at  them.  Others  they  sold  or  gave  away  as  if 
they  were  animals.  Some  took  their  prisoners  home  with 
them  as  slaves.  In  this  way  some  of  the  Christians  were 
taken  to  Chorasan,  some  to  Antioch,  some  to  Aleppo,  and  still 
others  to  other  places.  These  were  the  first  to  suffer  a  glori- 
ous martyrdom  for  the  name  of  the  Lord  Jesus. 

Now  the  Turks,  learning  that  Peter  the  Hermit  and  Walter 
the  Penniless  were  at  Civitot,  which  is  above  Nicaea,  came 
thither  with  great  rejoicing  to  kill  them  and  those  who  were 
with  them.  Walter  was  leading  his  men  out  toward  Xeri- 
gordon  when  the  Turks  met  them  and  killed  them.  But 
Peter  the  Hermit  had  a  short  time  before  gone  back  to  Con- 
stantinople because  he  could  not  control  his  people,  who 
refused  to  obey  him.  The  Turks  then  attacked  those  who 
were  encamped  near  Civitot,  some  of  whom  they  found  asleep, 
others  lying  down,  and  others  naked,  and  killed  them. 
Among  them  they  found  a  priest  saying  mass  and  killed  him 
at  the  altar.  Those  who  were  able  to  escape  fled  into  Civitot. 
Some  sprang  into  the  sea,  and  others  hid  in  the  woods  and 
mountains.  The  Turks  followed  those  who  went  into  the 


526    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

castle,  and  gathered  wood  to  burn  them  with  the  castle.  But 
the  Christians  in  the  castle  threw  fire  into  the  piles  of  wood,, 
and  the  fire,  turned  against  the  Turks,  burned  some  of  them. 
But  God  delivered  ours  from  the  fire.  But  at  length  the 
Turks  took  them  alive,  divided  them  among  themselves,  as 
they  had  done  before,  and  scattered  them  through  all  those 
legions.  Some  were  sent  to  Chorasan  and  others  into  Per- 
sia. All  this  was  done  in  the  month  of  October  [1096]. 

284.  EUGENE  III  ANNOUNCES  A  CRUSADE,  DECEMBER  1, 
1145. 

Migne,  180,  cols.  1064  f. 

Edessa  was  taken  by  Zenki,  the  emir  of  Mosul,  in  December,  1144. 
The  news  of  this  disaster  was  carried  to  the  west  and  at  the  same 
time  an  appeal  for  help  was  made.  For  some  time  no  response  was 
made  to  this  appeal,  but  finally  Eugene  III  issued  this  call,  and 
appointed  Bernard  of  Clairvaux  to  preach  the  crusade.  The  student 
will  observe  that  the  pope  exercises  high  authority  in  secular  matters, 
such  as  the  payment  of  interest,  the  pawning  of  fiefs,  etc.  Since  the 
days  of  Gregory  VII  (1073-85),  the  pope  acts  as  the  supreme  law- 
giver in  all  matters,  both  spiritual  and  secular. 

Eugene,  bishop,  servant  of  the  servants  of  God,  to  his  most 
beloved  son,  Louis,  the  illustrious  and  glorious  king  of  the 
Franks,  and  to  his  beloved  sons,  the  princes,  and  to  all  the 
faithful  in  God  in  Gaul,  greeting  and  apostolic  benediction. 

From  the  history  of  our  predecessors  we  learn  how  much 
they  labored  for  the  deliverance  of  the  oriental  church.  For, 
in  order  to  deliver  it,  our  predecessor,  Urban  II,  of  blessed 
memory,  sounded,  as  it  were,  a  trumpet,  and  called  together 
the  sons  of  the  holy  Eoman  church  from  all  parts  of  the 
world.  At  his  voice,  people  from  beyond  the  mountains,  and 
especially  the  bravest  and  strongest  warriors  of  the  Franks 
and  of  Italy  were  inflamed  with  the  ardor  of  love  and  came 
together.  So  a  great  army  was  collected  which,  with  the  aid 
of  God,  and  not  without  great  loss  of  life,  freed  from  the 
filth  of  the  pagans  that  city  in  which  our  Saviour  died  for 


No.  284]  CRUSADES  527 

us  and. left  his  glorious  tomb  as  a  memorial  of  his  suffering 
for  us.  And  they  took  many  other  cities  which,  for  the  sake 
of  brevity,  we  omit.  By  the  grace  of  God  and  the  zeal  of 
your  fathers  in  defending  them,  these  cities  have,  up  to  this 
time,  remained  in  the  hands  of  the  Christians,  and  Chris- 
tianity has  been  spread  in  those  parts,  and  other  cities  have 
been  valiantly  taken  from  the  infidels.  But  now,  because 
of  our  sins  and  the  sins  of  the  people  in  the  east  (we  cannot 
say  it  without  great  sorrow  and  weeping),  the  city  of  Edessa, 
or  Rohais,  as  we  call  it,  which  was  the  only  Christian  city 
in  those  parts  when  the  pagans  held  that  country,  has  been 
taken  by  the  enemies  of  the  cross  of  Christ,  and  many  Chris- 
tian fortresses  have  been  seized  by  them.  The  archbishop  of 
Edessa  and  his  clergy  and  many  other  Christians  have  been 
killed  there.  The  relics  of  the  saints  have  been  trampled 
under  foot  by  the  infidels  and  scattered.  You  know  as  well 
as  we  how  great  a  danger  is  threatening  the  church  and  the 
whole  Christian  world.  If  you  bravely  defend  those  things 
which  the  courage  of  your  fathers  acquired,  it  will  be  the 
greatest  proof  of  your  nobility  and  worth.  But  if  not,  it 
will  be  shown  that  you  have  less  bravery  than  your  fathers. 
Therefore  we  exhort,  ask,  command,  and  for  the  remission 
of  your  sins,  we  order  all  of  you,  and  especially  the  nobles 
and  the  more  powerful,  to  arm  yourselves  manfully  to  defend 
the  oriental  church,  and  to  attack  the  infidels  and  to  liberate 
the  thousands  of  your  brethren  who  are  now  their  captives, 
that  the  dignity  of  the  Christian  name  may  be  increased,  and 
your  reputation  for  courage,  which  is  praised  throughout  the 
world,  may  remain  unimpaired.  Take  for  your  example 
that  Mattathias,  who,  to  preserve  the  laws  of  his  country, 
did  not  hesitate  to  expose  himself,  his  children,  and  his  rela- 
tives to  death,  and  to  leave  all  that  he  possessed  in  this  world. 
And  finally,  by  the  divine  aid,  after  many  labors,  he  and  his 
family  triumphed  over  his  enemies  [1  Maccabees  2  :1  ff.]. 
Wishing,  therefore,  to  provide  for  your  welfare  as  well  as 


528    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

to  relieve  the  church  in  the  east,  we  grant  to  those  who,  in 
a  spirit  of  devotion,  shall  determine  to  accomplish  this  holy 
and  necessary  work,  by  the  authority  of  God  conferred  on 
us,  the  same  remission  of  sins  as  our  predecessor,  Pope 
Urban,  granted.  And  we  decree  that  their  wives  and  chil- 
dren, their  goods  and  possessions,  shall  be  under  the  protec- 
tion of  the  holy  church,  of  ourselves,  and  of  the  archbishops, 
bishops,  and  other  prelates  of  the  church  of  God.  And  until 
they  return,  or  their  death  is  known,  we  forbid  by  our  apos- 
tolic authority  any  lawsuit  to  be  brought  against  them  about 
any  of  the  property  of  which  they  were  in  peaceful  possession 
when  they  took  the  cross.  Moreover,  since  those  who  fight 
for  the  Lord  should  not  have  their  minds  set  on  fine  cloth- 
ing, or  personal  decoration,  or  [hunting]  dogs,  or  falcons, 
or  other  things  which  savor  of  worldliness,  we  urge  you  to 
take  care  that  those  who  undertake  so  holy  a  journey  shall 
not  deck  themselves  out  with  gay  clothing  and  furs,  or  with 
gold  and  silver  weapons,  but  that  they  shall  try  to  supply 
themselves  with  such  arms,  horses,  and  other  things  as  will 
aid  them  to  defeat  the  infidels. 

If  any  are  in  debt  but  with  a  pure  intention  set  out 
on  this  holy  journey,  they  shall  not  pay  the  interest  already 
due;  and  if  they  or  others  are  pledged  to  pay  the  interest, 
by  our  apostolic  authority  we  absolve  them  from  their  oath 
or  pledge.  If  their  relatives  or  the  lords  on  whose  fiefs  they 
live  cannot  or  will  not  lend  them  the  money  [necessary  for 
the  journey],  they  may  pawn  their  lands  and  other  posses- 
sions to  churches,  to  clergymen,  or  to  others,  without  the 
consent  of  the  lords  of  their  fiefs.  In  accordance  with  the 
grant  of  our  predecessor  and  by  the  authority  of  omnipotent 
God,  and  of  St.  Peter,  prince  of  the  apostles,  which  author- 
ity is  vested  in  us,  we  grant  such  remission  of  sins  and 
absolution  that  whoever  shall  devoutly  undertake  and  com- 
plete so  holy  a  journey,  or  shall  have  died  while  on  the  way, 
shall  have  absolution  for  all  his  sins  which  he  shall  have 


No.  285]  CRUSADES  529 

confessed  with  a  humble  and  contrite  heart,  and  he  shall 
receive  the  reward  of  eternal  life  from  God  the  rewarder 
of  all. 

285.  THE  THIRD  CRUSADE,  1189-90.  FROM  THE  CHRON- 
ICLE OF  OTTO  OF  ST.  BLASIEN. 

M.  G.  SS.  folio,  XX,  pp.  318  ff 

The  Greek  emperor,  Isaac  Angelus,  and  Saladin  had  made  an 
alliance  against  the  sultan  of  Iconium,  who  was  their  common  enemy. 
Isaac's  hostility  to  Frederick  is  explained  in  part  by  the  fact  that 
he  had  promised  Saladin  to  try  to  prevent  the  crusaders  from  reach- 
ing Palestine.  It  was  only  natural  that  the  sultan  of  Iconium  should 
try  to  make  an  alliance  with  Frederick,  since  the  latter  was  going 
to  attack  Saladin.  But  before  Frederick  reached  Iconium,  the  sultan 
had  divided  his  government  among  his  sons,  one  of  whom,  Kutbeddin, 
was  governor  of  Iconium.  Kutbeddin  had  made  an  alliance  with 
Saladin  and  married  one  of  his  daughters.  This  explains  why  the 
treaty  with  Frederick  was  broken. 

In  order  not  to  confuse  the  student  we  have  corrected  a  few  errors 
in  Otto's  account. 

In  the  year  1187,  Saladin^Jcing  of  the  Saracens,  seeing 
the  very  base  conduct  of  the  Christians,  and  knowing  that 
they  were  afflicted  with  discord,  hatred,  and  avarice,  thought 
the  time  was  favorable  and  so  planned  to  conquer  all  Syria 
with  Palestine.  He  collected  a  very  large  army  of  Saracens 
from  all  the  orient  and  made  war  on  the  Christians.  Attack- 
ing them  everywhere  in  Palestine  with  fire  and  sword,  he 
took  many  fortresses  and  cities  and  killed  or  took  prisoner 
all  their  Christian  inhabitants,  and  put  Saracen  colonists  in 
their  place.  The  king  of  Jerusalem  and  the  noble  prince, 
Reinaldus  [of  Chatillon,  governor  of  Kerak],  and  other 
nobles  collected  a  large  army  and  went  out  to  meet  Saladin. 
The  true  cross  was  carried  at  the  head  of  the  army.  But 
they  were  defeated  [at  the  battle  of  the  Horns  of  Hattin, 
July  5,  1187]  and  many  thousands  of  Christians  were  slain. 
The  true  cross,  alas !  was  captured  by  the  Saracens,  and  the 
Christians  were  put  to  flight.  The  king  and  Reinaldus  and 


530     SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

many  others  were  taken  prisoner,  and  carried  off  to  Damas- 
cus, where  .  .  .  Reinaldus  was  beheaded,  confessing  the 
true  faith.  The  pagans  were  made  bold  by  this  victory  and 
took  all  the  cities  of  the  Christians  except  Tyre,  Sidon, 
Tripolis,  and  Antioch,  and  a  few  other  cities  and  fortresses 
which  were  the  best  fortified  and  most  difficult  to  take. 
After  taking  Acco,  where  there  is  a  port  which  had  been  the 
sole  refuge  of  the  Christians,  they  besieged  Jerusalem.  They 
destroyed  all  the  churches  about  the  city,  among  them  those 
in  Bethlehem  and  on  the  Mount  of  Olives.  Finally  the 
Christians  surrendered,  Jerusalem  was  taken,  and  the  holy 
places  were  profaned  and  inhabited  by  pagans  [Oct.  2, 
1187]. 

I  think  that  I  should  relate  that  while  Jerusalem  was 
besieged  by  the  pagans,  one  of  the  towers  of  the  city  was 
taken,  many  of  the  Christians  defending  it  were  slain,  and 
the  standard  of  Saladin  was  raised  over  it.  This  caused  the 
people  to  despair  and  they  gave  up  the  defence  of  the  walls. 
And  on  that  day  the  city  came  very  nearly  being  taken  and 
destroyed.  But  a  certain  German  knight,  seeing  this,  and 
made  bold  by  the  desperate  situation,  urged  some  of  his  com- 
panions to  join  him  in  making  a  bold  attack  on  the  enemy. 
They  retook  the  tower,  killed  the  pagans  in  it,  tore  down 
the  standard  of  Saladin  and  threw  it  to  the  ground.  By 
this  act,  he  restored  courage  to  the  Christians  and  persuaded 
them  to  return  to  the  defence  of  the  walls.  After  the  city 
had  surrendered,  as  has  been  said,  the  sepulchre  of  the  Lord 
was  held  in  veneration  for  the  sake  of  gain.  .  .  . 

Frederick  the  emperor,  after  ending  the  wars  all  over 
Germany  and  establishing  peace,  held  a  general  diet  in 
Mainz  at  mid-lent  [March  27,  1188],  and  discussed  the 
affairs  of  state.  Papal  delegates  came  to  this  diet  and  told 
the  emperor  about  the  destruction  of  the  church  beyond  the 
sea  [in  Palestine],  and,  making  complaint  in  the  name  of 
the  pope  and  of  the  whole  church,  begged  for  his  aid.  A 


No.  285]  CRUSADES  531 

meeting  having  been  held  to  consider  the  matter,  Frederick 
offered  to  go  to  the  aid  of  Jerusalem,  and,  for  the  remission 
of  their  sins,  he  and  his  son,  Frederick,  duke  of  Suabia,  took 
the  cross.  Frederick  publicly  declared  that  he  would  avenge 
the  insult  which  had  been  offered  the  cross,  and  by  his 
example  he  aroused  many  nobles  and  a  great  multitude  of 
various  ranks  and  ages  to  take  the  cross.  After  these  things 
were  done,  the  cardinals  preached  the  crusade  in  various 
parts  of  the  country  and  persuaded  many  to  leave  father 
and  mother,  wife  and  children,  and  lands,  for  the  name  of 
Christ  and  to  take  the  cross  and  follow  him  across  the  sea. 
They  raised  a  large  army.  The  emperor  set  the  time  of 
departure  in  May  of  the  following  year.  He  ordered  the 
poor  to  provide  themselves  with  at  least  three  marks  [about 
thirty  dollars]  for  their  expenses,  and  the  rich  to  take  as 
much  money  as  they  could.  Under  threat  of  excommunica- 
tion he  forbade  anyone  to  go  who  did  not  have  three  marks, 
because  he  did  not  wish  the  army  to  be  burdened  with  a 
useless  crowd.  After  these  things  were  done  in  Germany 
the  pope  sent  cardinals  to  Philip  [II],  king  of  the  Franks, 
and  to  Richard,  king  of  the  English,  and  persuaded  them  to 
take  the  cross.  In  England  and  in  France  he  also  raised  a 
large  army  for  the  crusade. 

At  this  time  messengers  of  the  sultan  of  Iconium  came 
to  Frederick  and,  with  the  intention  to  deceive,  renewed  the 
treaty  with  him.  They  promised  him  a  free  passage  through 
all  Cilicia  if  he  would  go  peaceably.  For  Frederick  was 
going  to  pass  with  his  army  through  Cilicia,  the  land  of  the 
sultan,  and  the  pagans,  fearing  for  their  land,  preferred  to 
have  peace  rather  than  war.  But  the  outcome  was  not  what 
they  had  expected. 

At  Pentecost,  1189,  Frederick  held  a  general  diet  at 
[Regensburg]  .  .  .  and  had  his  army  gather  there.  He 
gave  the  royal  insignia  to  his  son,  king  Henry.  He  appointed 
a  certain  income  to  each  of  his  other  sons,  conferred  titles 


532    SOURCE  BOOK  FOR  MEDLEVAL  HISTORY 

on  them,  and  after  making  all  necessary  arrangements,  said 
farewell  to  all.  His  son,  Frederick,  duke  of  Suabia,  the 
marquis  of  Meissen,  with  the  Saxons,  and  many  other 
princes  and  bishops,  went  with  him.  And  so  with  a  very 
large  army,  well  equipped  and  organized,  he  set  out  for  the 
orient  to  attack  Saladin  and  all  the  enemies  of  the  cross. 
While  passing  through  Hungary  its  king  honored  him  with 
many  gifts  and  gave  the  army  large  supplies  of  flour,  wine, 
and  meat.  When  he  entered  Bulgaria  the  inhabitants  tried 
to  block  the  road.  But  he  forced  his  way  through,  killed 
many  of  those  who  opposed  him,  took  some  of  them  pris- 
oner, and  hung  them  on  the  trees  along  the  road.  By  this 
he  showed  that  he  was  visiting  the  grave  of  the  Lord  not 
with  a  pilgrim's  wallet,  but  with  the  sword  and  lance  of  a 
warrior.  Thus  he  passed  through  Bulgaria  and  entered 
Greece.  But  the  Greeks  were  worse  than  the  Bulgarians. 
At  the  command  of  the  Greek  emperor  they  showed  the  army 
no  kindness  and  even  refused  to  sell  them  anything  to  eat. 
They  shut  themselves  up  in  their  fortresses,  into  which  they 
had  taken  all  their  possessions.  It  made  Frederick  angry 
to  receive  such  treatment  from  Christians,  and  so  he  per- 
mitted his  army  to  plunder  the  country.  He  determined 
to  treat  the  Greeks  as  pagans  because,  by  their  acts,  they 
showed  that  they  were  aiding  his  enemy,  Saladin.  His 
whole  army  besieged  Philipopolis,  a  very  rich  city,  and  took 
and  plundered  it.  He  likewise  captured  a  very  strong  for- 
tress called  Demotica.  By  this  he  so  frightened  the  Greeks 
that  he  got  possession  of  several  fortresses  and  cities.  After 
devastating  the  country  and  taking  much  booty,  he  com- 
pelled the  rest  of  the  Greeks  to  furnish  the  army  with  pro- 
visions. These  things  were  done  about  the  end  of  August 
[1189].  After  consulting  the  princes,  the  emperor  deter- 
mined to  pass  the  winter  in  Greece.  So  he  took  possession 
of  the  country  round  about,  fortified  a  strong  mountain  as 
a  camp  for  his  soldiers  and  called  it  Kingsmountain.  Hav- 


No.  285)  CRUSADES  533 

ing  thus  taken  up  a  strong  position  against  Constantinople, 
he  had  supplies  for  the  army  brought  from  the  neighboring 
territory,  and  thus  overcame  Greek  treachery  with  Roman 
strength  and  German  bravery.  He  remained  there  all  win- 
ter to  the  next  Easter  [March  25,  1190].  The  Greeks  were 
unable  to  resist  his  army  and  always  fled  before  it. 

Now  the  Greek  emperor,  not  being  able  to  withstand  the 
power  of  Frederick,  made  amends  for  what  he  had  done,  and 
entered  into  a  treaty  with  him.  He  appeased  the  army  by 
supplying  them  with  provisions.  Thus,  having  been  recon- 
ciled with  Frederick,  he  set  him  and  his  army  across  the 
Propontis  [March  22-28,  1190,  from  Gallipolis].  Frederick 
now  entered  Asia  with  his  army.  He  marched  for  some 
time,  meeting  everywhere  with  success,  and  all  the  people 
in  Romania  [western  Asia  Minor]  submitted  to  him.  As 
the  emperor  approached  Iconium,  the  sultan  broke  his  treaty, 
caused  all  the  provisions  to  be  carried  into  the  fortresses, 
and,  like  a  barbarian  and  Scythian,  refused  to  sell  the  army 
provisions.  The  army  suffered  from  hunger  and  were  com- 
pelled to  eat  the  flesh  of  mules,  donkeys,  and  horses.  Be- 
sides, the  pagans  attacked  the  rear  and  those  who  went  out 
foraging,  and  killed  some  of  them.  In  this  way  they  hin- 
dered the  army.  Our  troops  wished  to  meet  the  Saracens  in 
open  battle  and  often  drew  themselves  up  in  battle  array, 
but  the  Saracens  always  withdrew  and  refused  to  join  in  a 
general  engagement.  Now  although  the  army  was  annoyed 
in  this  way  and  was  suffering  from  hunger  and  want,  the 
emperor,  out  of  regard  for  the  treaty  with  the  sultan,  kept 
his  army  from  devastating  and  plundering  the  country,  be- 
cause he  thought  the  people  were  attacking  him  without  the 
permission  of  the  sultan.  But  when  he  learned  from  cou- 
riers that  the  sultan  had  perfidiously  ordered  the  people  to 
attack  him,  he  was  angry,  and,  declaring  the  sultan  an 
enemy,  he  permitted  the  army  to  take  vengeance.  They 
devastated  Cilicia,  Pamphilia,  and  Phrygia  with  slaughter, 


534    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

rapine,  fire,  and  sword,  while  the  pagan  army  constantly 
withdrew  before  them.  The  army  now  turned  toward  Ico- 
nium, which  is  the  capital  of  Cilicia,  and  the  chief  residence 
of  the  sultan,  and  quickly  took  it  [May  18,  1190].  It  was 
a  very  populous  city,  well  fortified  with  strong  walls  and 
high  towers,  and  had  in  its  midst  an  impregnable  citadel. 
It  was  well  supplied  with  victuals  against  a  siege,  while  all 
the  surrounding  country  was  stripped  of  provisions,  in  order 
that  when  the  emperor  came  he  would  not  long  be  able  to 
support  an  army  there.  But  God  overruled  their  efforts  so 
that  the  outcome  was  just  the  opposite  of  what  they  sought. 
For  the  emperor  suddenly  attacked  the  city  with  great  vio- 
lence before  the  third  hour  of  the  day  [9  o'clock],  killed  a 
great  many  of  the  inhabitants  and  took  the  city  by  storm 
before  the  ninth  hour  [3  o'clock  P.M.].  Many  people,  of 
both  sexes  and  of  all  ages,  were  put  to  the  sword.  The  sul- 
tan with  many  of  his  nobles  fled  into  the  citadel,  which  the 
emperor  began  to  besiege  the  same  day.  Now  the  sultan 
saw  that  nothing  could  resist  the  force  of  the  Germans  and 
that,  supported  by  some  divine  power,  they  despised  death 
and  without  hesitation  attacked  everything  that  resisted 
them.  So,  taught  by  dangerous  experience,  and  thinking  it 
necessary  to  demand  peace  from  the  emperor,  he  asked  to 
speak  with  him.  The  emperor  granted  his  request.  The 
sultan  then  marched  out  of  the  citadel  and  surrendered  at 
the  discretion  of  the  emperor,  and  gave  hostages.  After 
peace  was  made  the  city  of  Iconium  and  his  kingdom  were 
restored  to  him. 

The  army  was  thus  made  rich  with  spoil  and  the  emperor 
left  Iconium  in  triumph.  The  Armenian  princes  from  all 
sides  began  to  come  to  him,  among  them  Leo,  the  noblest 
Christian  prince  of  all  that  country.  They  all  welcomed 
Frederick  with  joy  and  thanked  him  heartily  for  coming  and 
attacking  the  Saracens.  They  were  all  well  disposed  toward 
him,  so  he  set  out  for  Tarsus,  famous  as  the  birthplace  of 


No.  286]  CRUSADES  535 

St.  Paul.  But  God  who  is  terrible  in  his  doing  toward  the 
children  of  men  [Ps.  66:5],  showing  that  the  time  had  not 
yet  come  for  showing  mercy  on  Zion  [Ps.  102:13],  cut  the 
anchor  of  the  little  boat  of  St.  Peter  and  permitted  it  to  be 
tossed  about  and  beaten  by  the  storms  of  this  world.  For 
the  great  emperor,  Frederick,  while  on  the  road  to  Tarsus, 
after  a  part  of  the  army  had  crossed  a  certain  river,  went 
into  the  water  to  refresh  himself.  For  it  was  very  hot  and 
he  was  a  good  swimmer.  But  the  cold  water  overcame  him 
and  he  sank.  So  the  emperor,  powerful  by  land  and  sea, 
met  with  an  unfortunate  death.  Some  say  that  this  hap- 
pened in  the  Cydnus  river,  in  which  Alexander  the  Great 
almost  met  the  same  fate.  For  the  Cydnus  is  near  Tarsus. 
He  died  in  the  38th  year  of  his  reign,  the  35th  of  his  rule 
as  emperor  [June  10,  1190].  If  he  had  lived  he  would 
have  been  a  terror  to  all  the  orient,  but  by  his  death  the 
army  lost  all  its  courage,  and  was  overwhelmed  with  grief. 
His  intestines  and  flesh  were  buried  in  Tarsus,  but  his  bones 
were  carried  to  Antioch  and  buried  with  royal  ceremony. 

286.  INNOCENT  III  FORBIDS  THE  VENETIANS  TO  TRAFFIC 
WITH  THE  MOHAMMEDANS,  1198. 

Migne,  214,  col.  493. 

The  maritime  cities  of  Italy  took  quite  a  part  in  the  crusades, 
but  their  interests  were  largely  commercial.  In  all  the  cities  of  the 
eastern  Mediterranean  and  the  Black  Sea  they  tried  to  get  harbor 
privileges,  freedom  from  tolls  or  at  least  a  reduction  in  them,  and 
quarters,  consisting  of  a  few  city  blocks,  in  which  their  agents  or 
colonists  could  reside.  They  carried  on  an  extensive  commerce  with 
the  Mohammedans  and  cleverly  and  selfishly  made  use  of  the  cru- 
sades to  increase  it.  While  the  church  was  glad  to  have  their  aid 
in  the  wars  with  the  Mohammedans,  it  found  them  a  disturbing 
element,  because  they  were  content  and  wished  to  end  hostilities 
as  soon  as  they  had  secured  good  commercial  advantages.  The  popes 
took  the  position  that  there  should  be  no  peaceable  intercourse  be- 
tween Christians  and  Mohammedans,  and  so  tried  to  prevent  all 
commerce  between  them.  This  letter  of  Innocent  III  to  the  people 


536    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  Venice  illustrates  the  attitude  of  the  pope  in  this  matter,  informs 
us  what  some  of  the  chief  articles  of  commerce  were,  and  shows  how 
the  pope  was  compelled  to  make  concessions  to  the  commercial  spirit. 

In  support  of  the  eastern  province  [that  is,  the  crusad- 
ing states],  in  addition  to  the  forgiveness  of  sins  which  we 
promise  those  who,  at  their  own  expense,  set  out  thither,  and 
besides  the  papal  protection  which  we  give  those  who  aid 
that  land,  we  have  renewed  that  decree  of  the  Lateran  coun- 
cil [held  under  Alexander  III,  1179],  which  excommuni- 
cated those  Christians  who  shall  furnish  the  Saracens  with 
weapons,  iron,  or  timbers  for  their  galleys,  and  those  who 
serve  the  Saracens  as  helmsmen  or  in  any  other  way  on  their 
galleys  and  other  piratical  craft,  and  which  furthermore 
ordered  that  their  property  be  confiscated  by  the  secular 
princes  and  the  consuls  of  the  cities,  and  that,  if  any  such 
persons  should  be  taken  prisoner,  they  should  be  the  slaves 
of  those  who  captured  them.  We  furthermore  excommuni- 
cated all  those  Christians  who  shall  hereafter  have  anything 
to  do  with  the  Saracens  either  directly  or  indirectly,  or  shall 
attempt  to  give  them  aid  in  any  way  so  long  as  the  war 
between  them  and  us  shall  last.  But  recently  our  beloved 
sons,  Andreas  Donatus  and  Benedict  Grilion,  your  messen- 
gers, came  and  explained  to  us  that  your  city  was  suffering 
great  loss  by  this  our  decree,  because  Venice  does  not  engage 
in  agriculture,  but  in  shipping  and  commerce.  Nevertheless, 
we  are  led  by  the  paternal  love  which  we  have  for  you  to 
forbid  you  to  aid  the  Saracens  by  selling  them,  giving  them, 
or  exchanging  with  them,  iron,  flax  (oakum),  pitch,  sharp 
instruments,  rope,  weapons,  galleys,  ships,  and  timbers, 
whether  hewn  or  in  the  rough.  But  for  the  present  and 
until  we  order  to  the  contrary,  we  permit  those  who  are 
going  to  Egypt  to  carry  other  kinds  of  merchandise  when- 
ever it  shall  be  necessary.  In  return  for  this  favor  you 
should  be  willing  to  go  to  the  aid  of  the  province  of  Jerusa- 
lem and  you  should  not  attempt  to  evade  our  apostolic  com- 


No.  288J  CRUSADES  537 

mand.  For  there  is  no  doubt  that  he  who,  against  his  own 
conscience,  shall  fraudulently  try  to  evade  this  prohibition, 
shall  be  under  divine  condemnation. 

287.  PAPAL  PROTECTION  OF  CRUSADERS.     INNOCENT  III 
TAKES  THE  KING  OF  THE  DANES  UNDER  HIS  PROTECTION, 
1210. 

Migne,  216,  col.  258. 

We  commend  you  because,  fired  with  zeal  for  the  orthodox 
faith  and  for  the  nraise  of  God  and  for  the  honor  of  the 
Christian  religion,  you  have  taken  the  cross  and  have  drawn 
your  royal  sword  to  repress  the  cruelty  of  an  infidel  people 
[the  Turks].  And  we  also  give  you  our  apostolic  favor,  and 
take  under  the  protection  of  St.  Peter  as  well  as  under  our 
own  your  person  and  your  kingdom  with  all  your  posses- 
sions, decreeing  that  so  long  as  you  are  engaged  in  this  work 
all  your  possessions  shall  remain  intact  and  free  from  all 
molestation.  Nevertheless  we  urge  upon  you  to  take  all  pos- 
sible precautions  to  protect  you  and  yours,  in  order  that  you 
may  not  suffer  any  loss.1 

i  From  this  sentence  it  may  be  inferred  that  the  papal  protection 
was  not  always  respected.  It  sometimes  failed  to  protect  the  pos- 
sessions of  a  crusader  from  violence  and  seizure. 

288.  INNOCENT  III  AND  THE  LATERAN  COUNCIL  AN- 
NOUNCE A  CRUSADE,  1215. 

Bullarium  Romanum  (Rome,  1740),  Vol.  Ill,  pars,  i,  pp.  173  ff. 

It  was  the  greatest  ambition  of  Innocent  III  to  recover  Palestine 
from  the  Mohammedans.  During  his  pontificate  he  never  lost  sight 
of  this  object.  One  of  the  chief  purposes  of  the  Lateran  council 
which  he  called  together  in  1215,  was  to  arrange  for  a  universal 
crusade.  This  decree  shows  his  earnestness  in  the  matter,  but  at 
the  same  time  betrays  the  difficulties  which  were  in  the  way.  (1) 
The  character  of  the  clergy  was  not  such  as  to  insure  the  best  re- 
sults, and  their  conduct  was  not  above  reproach.  They  were  jealous 
of  each  other,  and  intrigued  to  secure  places  to  which  much  honor 
and  rich  livings  were  attached  (par.  2).  (2)  Many  who  took  the 


538    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

cross  afterwards  refused  to  go.  Some  had  no  doubt  made  the  vow 
in  a  moment  of  enthusiasm;  others,  in  a  calculating  spirit,  hoping 
to  gain  some  reputation,  or  secure  some  advantage,  such  as  an 
extension  of  time  in  the  payment  of  their  debts,  the  cancellation 
of  interest,  the  freedom  from  local  taxation,  or  feudal  dues,  the  right 
to  raise  money  by  pawning  their  fiefs,  etc.  (pars.  4,  10,  and  11).  (3) 
There  was  a  general  unwillingness  on  the  part  of  the  rich  to  go  in 
person  on  a  crusade.  Nor  were  they  all  willing  to  equip  someone 
to  go  in  their  place  (pars.  5  and  6).  (4)  The  commercial  interests  and 
spirit  of  the  Italian  cities  were  stronger  than  their  religious  senti- 
ment, and  led  them  to  sell  arms  and  ships  to  the  Mohammedans,  and 
even  to  serve  in  important  positions  on  their  boats  (pars.  12,  13,  and 
14).  (5)  The  warlike  spirit  of  the  west  had  found  a  new  outlet 
in  the  bloody  tournaments  which  were  now  much  in  fashion,  and  the 
feuds  and  private  warfare  offered  the  ambitious  and  adventurous 
knight  a  convenient  field  for  the  constant  exercise  of  arms  (pars.  15 
and  16). 

In  spite  of  his  great  efforts,  many  things  made  the  execution  of 
Innocent's  plan  impossible.  The  popular  days  of  the  crusades  were 
over.  Innocent  escaped  a  bitter  disappointment  only  by  his  death, 
which  occurred  the  following  year,  1216. 

Since  we  earnestly  desire  to  liberate  the  holy  land  from 
the  hands  of  the  wicked,  we  have  consulted  wise  men  who 
fully  understand  the  present  situation.  And  at  the  advice 
of  the  holy  council  we  decree  that  all  crusaders  who  shall 
determine  to  go  by  sea  shall  assemble  in  the  kingdom  of 
Sicily  a  year  from  the  first  of  next  June.  They  may  gather 
at  their  convenience  either  at  Brindisi,  Messina,  or  in  any 
other  place  on  either  side  of  the  strait.  If  the  Lord  permits, 
we  shall  also  be  there  in  order  that  the  Christian  army  may, 
with  our  advice  and  aid,  be  well  organized,  and  set  out  with 
the  divine  benediction  and  papal  blessing. 

1.  Those  who  determine  to  go  by  land  shall  be  ready  at 
the  same  date,  and  they  shall  keep  us  informed  of  their  plans 
in  order  that  we  may  send  them  a  suitable  legate  to  counsel 
and  aid  them. 

2.  All  clergymen  of  whatever  rank,  who  go  on  the  cru- 
sade, shall  diligently  devote  themselves  to  prayer  and  exhor- 


No.  288]  CRUSADES  539 

tation,  by  word  and  example  teaching  the  crusaders  always 
to  have  the  fear  and  the  love  of  God  before  their  eyes  and 
not  to  say  or  do  anything  to  offend  the  divine  majesty.  Even 
if  they  sometimes  fall  into  sin,  they  shall  rise  again  by  true 
penitence.  They  shall  show  humility  of  heart  and  of  body, 
and  observe  moderation  in  their  way  of  living  and  in  their 
dress.  They  shall  altogether  avoid  dissensions  and  rivalries, 
and  shun  hatred  and  envy.  Thus,  equipped  with  spiritual 
and  material  arms,  they  shall  fight  more  securely  against 
the  enemies  of  the  faith,  not  resting  on  their  own  power  but 
hoping  in  the  divine  strength. 

3.  These  clergymen  shall  receive  all  the  income  of  their 
benefices  for  three  years,  just  as  if  they  were  residing  in 
them,  and,  if  it  is  necessary,  they  may  pawn  their  benefices 
for  the  same  length  of  time. 

4.  In  order  that  this  holy  undertaking  may  not  be  pre- 
vented or  delayed,  we  earnestly  command  all  prelates,  each 
in  his  own  locality,  to  urge  and  insist  that  all  who  have 
taken  the  cross  fulfil  their  vows  to  the  Lord.    And,  if  neces- 
sary, they  may  compel  them  to  do  so,  in  spite  of  all  their 
subterfuges,  by  putting  their  persons  under  excommunication 
and  their  lands  under  the  interdict.     We  except,  however, 
those  who  may  find  some  real  hindrance  in  the  way,  on 
account  of  which  we  may  decide  that  their  vow  may  be  com- 
muted or  put  off. 

5.  In  addition  to  these  things,  that  nothing  relating  to 
Christ's  business  may  be  neglected,  we  command  patriarchs, 
archbishops,  bishops,  abbots,  and  all  others  who  have  the  care 
of  souls,  zealously  to  preach  the  crusade  to  those  who  are 
under  their  charge,  by  the  Father,  Son,  and  Holy  Spirit,  one 
only  true  eternal  God,  beseeching  kings,  dukes,  princes,  mar- 
quises, counts,  barons,  and  other  magnates,  as  well  as  the 
communes  of  cities,  villages,  and  towns,  that  those  who  do 
not  go  in  person  to  aid  the  holy  land  may,  in  proportion  to 
their  wealth,,  furnish  a  suitable  number  of  fighting  men  and 


540    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

provide  for  their  necessary  expenses  for  three  years.  This 
they  shall  do  for  the  remission  of  their  sins  according  to  the 
terms  published  in  our  general  letter,  and,  for  the  sake  of 
greater  clearness,  repeated  below.  Not  only  those  who  give 
their  own  ships,  but  also  those  who  shall  try  to  build  ships 
for  this  purpose,  shall  have  a  share  in  this  remission  of  sins. 

6.  If  any  shall  be  found  so  ungrateful  to  the  Lord  as  to 
refuse,  we  warn  them  that  they  must  answer  for  it  to  us 
before  the  terrible  judge  on  the  last  day.     Let  all  such  con- 
sider with  what  conscience  and  what  security  they  will  be 
able  to  make  their  confession  before  the  only  begotten  Son 
of  God,  Jesus  Christ,  into  whose  hands  the  Father  has  given 
all  things,  if,  in  this  matter  which  so  peculiarly  concerns 
them,  they  refuse  to  obey  him  who  was  crucified  for  sinners, 
by  whose  favor  and  goodness  they  live  and  are  sustained, 
nay,  more,  by  whose  blood  they  are  redeemed. 

7.  Lest  we  should  seem  to  put  on  other  men's  shoulders 
burdens  so  heavy  that  we  would  not  so  much  as  put  a  finger 
to  them,  like  those  who  say,  but  do  not,  we  give  30,000  pounds 
out  of  our  savings  for  this  work,  and  besides  the  passage- 
money  which  we  give  all  crusaders  from  Eome  and  the  sur- 
rounding country,  we  also  give  3,000  silver  marks  which  are 
left  in  our  hands  from  the  gifts  of  certain  Christians,  the 
rest  having  been  spent  for  the  benefit  of  the  holy  land  by 
the  patriarchs  of  Jerusalem  and  the  masters  of  the  Templars 
and  the  Hospitallers. 

8.  Since  we  wish  all  other  prelates  and  clergy  to  have  a 
share  in  this  meritorious  work  and  its  reward,  we,  with  the 
approval  of  the  council,  decree  that  all  the  clergy  of  what- 
ever rank  shall,  for  three  years,  give  the  twentieth  of  the 
income  of  their  churches  to  the  aid  of  the  holy  land,  and  for 
the  collection  of  it  we  shall  appoint  certain  persons.     We 
except  from  this  tax  certain  monks  and  also  those  who  shall 
take  the  cross  and  go  in  person  on  the  crusade. 

9.  Moreover,  we  and  our  brethren,  the  cardinals  of  the 


No.  288]  CRUSADES  541 

holy  Roman  church,  will  pay  a  tenth  of  our  incomes;  and 
let  all  know  that  they  must  faithfully  do  this.  For  any  car- 
dinal who  shall  knowingly  commit  any  fraud  in  this  matter 
shall  incur  the  sentence  of  excommunication. 

10.  Now,  because  it  is  only  just  that  those  who  devote 
themselves  to  the  service  of  the  heavenly  ruler  should  enjoy 
some  special  prerogative,  and  since  it  is  a  little  more  than  a 
year  until  the  time  set  for  going,  we  decree  that  all  who 
have  taken  the  cross  shall  be  free  from  all  collections,  taxes, 
and  other  burdens.    As  soon  as  they  take  the  cross  we  receive 
them  and  their  possessions  under  the  protection  of  St.  Peter 
and  of   ourselves,  so  that  archbishops,  bishops,  and  other 
prelates  are  entrusted  with  their  defence,  and  besides,  other 
protectors  shall  be  specially  appointed  to  defend  them.    And 
until  they  return  or  their  death  shall  be  certainly  known, 
their  possessions  shall  not  be  molested.    And  if  anyone  shall 
act  contrary  to  this  he  shall  be  restrained  by  ecclesiastical 
censure. 

11.  If  any  of  those  who  go  on  the  crusade  are  bound  by 
oath  to  pay  interest,  their  creditors,  under  threat  of  ecclesi- 
astical censure,  shall  be  compelled  to  free  them  from  their 
oath  and  from  the  payment  of  the  interest.    If  anyone  com- 
pels them  to  pay  the  interest,  he  shall  be  forced  to  pay  it 
back  to  them.     We  order  the  secular  authorities  to  compel 
the  Jews  to  remit  the  interest  to  all  crusaders,  and  until 
they  do  remit  it  they  shall  have  no  intercourse  with  Chris- 
tians.   If  any  are  not  able  for  the  present  to  pay  their  debts 
to  Jews,  the  secular  authorities  shall  secure  an  extension  of 
time  for  them,  so  that  after  they  have  set  out  on  the  journey 
until  their  return  or  their  death  is  certainly  known,  they 
shall  not  be  disturbed  about  the  interest.     The  Jews  shall 
be   compelled,   after   deducting   the   necessary  expenses,   to 
apply  the  income  which  they  receive  in  the  meantime  from 
the  property  which  they  hold  in  pawn,  toward  the  payment 
of  the  debt;  since  a  favor  of  this  kind,  which  defers  the 


542    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

payment  but  does  not  cancel  the  debt,  does  not  seem  to  cause 
much  loss.  Moreover,  all  prelates  must  know  that  they  will 
be  severely  punished  if  they  are  lax  in  securing  justice  for 
crusaders  or  their  families. 

12.  Since  corsairs  and  pirates  greatly  impede  the  work 
by  taking  and  robbing  those  who  are  going  to,  or  returning 
from,  the  holy  land,  we  excommunicate  all  who  aid  and  pro- 
tect them.     Under  the  threat  of  anathema  we  forbid  anyone 
knowingly  to  have  anything  to  do  with  them  in  buying  or 
selling,  and  we  command  all  rulers  of  cities  and  other  places 
to  prevent  them  from  practising  this  iniquity.     Otherwise, 
since  not  to  interfere  with  the  wicked  is  the  same  as  to  aid 
them,  and  since  he  who  does  not  prevent  a  manifest  crime 
is  suspected  of  having  a  secret  share  in  it,  we  command  all 
prelates  to  exercise  ecclesiastical  severity  against  their  per- 
sons and  lands. 

13.  Besides,  we  excommunicate  and  anathematize  those 
false  and  impious  Christians  who,  against  Christ  and  the 
Christian  people,  furnish  the  Saracens  with  arms,  irons,  and 
timbers  for  their  galleys.     If  any  who  sell  galleys  or  ships 
to  the  Saracens,  or  accept  positions  on  their  piratical  craft, 
or  give  them  aid,  counsel,  or  support  with  regard  to  their 
[war]  machines  to  the  disadvantages  of  the  holy  land,  we 
decree  that  they  shall  be  punished  with  the  loss  of  all  their 
goods,  and  they  shall  be  the  slaves  of  those  who  capture 
them.     We  command   that  this  decree  be  published  anew 
every  Sunday  and  Christian  feast  day  in  all  the  maritime 
cities,  and  the  bosom  of  the  church  shall  not  be  opened  to 
offenders  against  it  unless,  for  the  support  of  the  holy  land, 
they  give  all  that  they  have  gained  from  such  a  damnable 
business,  and  as  much  more  from  their  possessions,  so  that 
they  shall  be  justly  punished  for  their  crimes.     But  if  they 
cannot  pay,  they  shall  be  punished  in  some  other  way,  in 
order  that  by  their  punishment  others  may  be  prevented  from 
impudently  attempting  things  of  the  same  sort. 


/To.  288]  CRUSADES  543 

14.  We  forbid  all  Christians  for  the  next  four  years  to 
send  their  ships,  or  permit  them  to  be  sent,  to  lands  inhab- 
ited by  Saracens,  in  order  that  a  larger  supply  of  vessels 
may  be  on  hand  for  those  who  wish  to  go  to  the  aid  of  the 
holy  land,  and  also  that  the  Saracens  may  be  deprived  of 
that  aid  which  they  have  been  accustomed  to  get  from  this. 

15.  Although  tournaments  have  been  prohibited  by  many 
councils  under  the  general  threat  of  punishment,  we  forbid 
them  for  three  years  under  the  threat  of  excommunication, 
because  the  crusade  is  hindered  by  them. 

16.  Since,   for  the  accomplishment  of  this  work,  it  is 
necessary  that  Christian  princes  and  peoples  live  in  peace, 
and  in  order  that  the  clergy  may  be  able  to  make  peace  be- 
tween all  who  are  quarreling,  or  persuade  them  to  make  an 
inviolable  truce,   with  the   approval   of  the  holy  universal 
council  we  decree  that  a  general  peace  shall  be  observed  in 
the  whole  world  for  at  least  four  years.     And  those  who 
shall  refuse  to  observe  this  peace  shall  be  compelled  to  do 
so  by  excommunication  of  their  persons  and  interdict  on 
their  lands,  unless  they  have  been  so  malicious  in  inflicting 
injuries  on  others  that  they  themselves  do  not  deserve  the 
protection  of  such  a  peace.     If  they  disregard  the  censure 
of  the  church,  the  ecclesiastical  authorities  shall  invoke  the 
secular  power  against  them  as  disturbers  of  the  business  of 
Christ. 

17.  Trusting,  therefore,  in  the  mercy  of  omnipotent  God 
and  the  authority  of  Saints  Peter  and  Paul,  and  by  the 
authority  to  bind  and  loose,  which  God  has  given  us,  to  all 
who  shall  personally  and  at  their  own  expense  go  on  this 
crusade  we  grant  full  pardon  of  their  sins,  which  they  shall 
repent  and  confess,  and,  besides,  when  the  just  shall  receive 
their  reward  we  promise  them  eternal  salvation.     And  to 
those  who  shall  not  go  in  person,  but  nevertheless  at  their 
own  expense  and  in  proportion  to  their  wealth  and  rank  shall 
send  suitable  men,  and  likewise  to  those  who  go  in  person 


544    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

but  at  the  expense  of  others,  we  grant  the  full  pardon  of 
their  sins.  All  who  shall  give  a  fitting  part  of  their  wealth 
to  the  aid  of  the  holy  land  shall,  in  proportion  to  their  gifts 
and  according  to  the  degree  of  their  devotion,  have  a  share 
in  this  forgiveness.  This  universal  council  wishes  to  aid  in 
the  salvation  of  all  who  piously  set  out  on  this  work,  and 
therefore  grants  them  in  common  the  benefit  of  all  its  merits. 
Amen. 

Given  at  the  Lateran,  19  kal.  Jan.,  year  18  of  our  pon- 
tificate. 


X.     SOCIAL   CLASSES   AND   CITIES   IN 
GERMANY 

289.  OTTO  III  FORBIDS  THE  UNFREE  CLASSES  TO  AT- 
TEMPT TO  FREE  THEMSELVES,  ca.  1000. 

Altmann  und  Bernheim,  no.  61. 

In  the  tenth  century  a  large  part  of  the  peasant  population  of 
Germany  was  unfree.  But  from  this  decree  of  Otto  III  it  is  apparent 
that  they  were  trying  to  escape  from  this  condition.  From  various 
causes  they  had  been  able  to  avoid  rendering  their  servile  dues,  and 
had,  on  that  account,  asserted  their  freedom. 

While  the  number  of  unfree  was  great,  they  were  not  all  equally 
unfree.  The  lowest  grade  were  slaves  in  the  real  sense  of  the  word;"* 
that  is,  they  were  chattels.  But  this  class  was  not  numerous  and 
was  tending  to  disappear.  The  highest  grade  was  composed  of  those 
who  were  personally  free,  and  who  could  amass  property;  but  they 
were  unfree  in  that  they  had  no  legal  status.  That  is,  they  could 
not  appear  in  court  as  a  party  to  a  suit,  nor  could  they  testify  as 
witnesses.  In  all  legal  matters  they  had  to  have  some  one  to  repre- 
sent them  in  the  court.  These  are  the  two  extremes,  between  which 
there  were  a  great  many  unfree  classes  or  groups,  each  differing 
from  the  other  in  the  degree  of  personal  or  property  rights  which 
they  possessed.  An  idea  of  some  of  these  classes  will  be  gained  from 
the  following  documents. 

There  is  need  of  careful  legislation  because  the  princes  of 
the  empire,  both  lay  and  clerical,  rich  and  poor,  the  higher 
as  well  as  the  lower,  make  frequent  complaints  that  they  are 
not  able  to  obtain  from  their  unfree  subjects  those  services 
to  which  they  have  a  right.  For  some  falsely  declare  that 
they  are  free  because  their  lords,  in  many  cases,  cannot 
prove  the  servitude  which  they  [their  unfree  subjects]  are 
trying  in  a  dishonest  way  to  escape.  Others  are  trying  to 
rise  to  the  honor  of  freedom  because  their  lords  have,  for  a 
long  time,  been  hindered  from  knowing  anything  about  their 

545 


546    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

unfree  subjects,  and  hence  the  latter  have  not  been  kept  in 
their  accustomed  state  of  servitude,  nor  are  they  forced  to 
pay  a  tax  as  a  proof  of  their  unfree  state.  So  on  this  account 
they  declare  that  they  are  free  and  boast  that  they  have 
lived  in  freedom,  because  for  a  short  time  they  have  not  ful- 
filled their  servile  duties.  Therefore  we  have  issued  this 
imperial  law:  (1)  If  a  serf,  led  by  his  desire  for  liberty, 
says  that  he  is  free,  his  lord  may  settle  the  case  by  a  duel 
with  him,  fighting  either  in  person  or  by  his  champion  [rep- 
resentative], as  he  may  wish.  The  lord  is  given  this  privi- 
lege because  of  the  great  difficulty  there  is  in  proving  such 
things  in  the  regular  way.  The  unfree  man  may  secure  a 
champion  for  himself  if,  because  of  age  or  disease,  he  is 
unable  to  fight.  (2)  In  order  that  the  unfree  may  not  hide 
his  real  condition  by  avoiding  his  duties  for  a  time,  we 
decree  by  this  our  edict,  which,  with  the  help  of  God,  shall 
be  valid  forever,-  that  hereafter  each  one  shall  show  his  ser- 
vile condition  by  paying  a  denar  of  the  ordinary  currency 
every  year  on  the  first  of  December  to  his  lord  or  to  the 
agent  whom  he  shall  appoint  for  this  purpose.  .  (3)  The 
children  of  the  free  shall  begin  to  pay  this  tax  as  a  proof  of 
their  servile  condition  in  their  twenty-fifth  year  and  at  the 
appointed  time.  And  no  matter  how  long  they  may  avoid 
paying  this  tax,  they  shall  not  thereby  become  free.  (4)  If 
any  unfree  man  belonging  to  the  church  shall  disobey  this 
edict,  he  shall  be  fined  one-half  of  all  his  goods  and  he  shall 
be  reduced  to  his  former  unfree  condition.  For  an  unfree 
man  of  the  church  may  never  become  free.  We  strictly  for- 
bid the  unfree  of  the  churches  to  be  set  free,  and  we  order 
all  those  who  have,  by  any  device,  been  freed  to  be  reduced 
to  servitude  again. 

290.     HENRY  I  FREES  A  SERF,  926. 

Bresslau,  Centum  Diplomata,  pp.  3  f. 

There  were  many  ways  in  which  a  serf  could  be  set  free,  but  after 
850  the  form  used  in  this  document  was  not  uncommon.     A  freeman 


No.  291]        SOCIAL  CLASSES  AND  CITIES  547 

was  to  a.  great  extent  dependent  on  his  relatives  as  witnesses.  He 
could  not  prove  his  freedom  without  their  testimony.  When  a  serf 
was  set  free  he  was  without  a  family,  because  his  relatives,  being 
serfs,  could  not  testify  in  court.  The  charter  which  the  king  gave 
him  was  the  only  evidence  of  freedom  which  he  possessed.  It  took 
the  place  of  the  testimony  of  his  relatives. 

When  a  serf  was  freed  he  became  a  "freedman."  But  generally 
he  was  not  entirely  free,  for  there  was  still  a  personal  bond  between 
him  and  his  lord,  to  whom  he  must  pay  a  poll-tax.  The  coin  which 
was  knocked  out  of  his  hand  symbolized  this  poll-tax.  That  is,  his 
offer  to  pay  the  poll-tax  is  rejected,  the  coin  is  knocked  out  of  his 
hand  as  a  symbol  that  he  is  now  entirely  free,  and  is  no  longer  bound 
to  pay  the  poll-tax. 

In  the  name  of  the  holy  and  undivided  Trinity.  Henry, 
by  the  divine  clemency  king.  Let  all  our  faithful  subjects, 
both  present  and  future,  know  that  at  the  request  of  Arnulf, 
our  faithful  and  beloved  duke,  and  also  to  increase  our  eter- 
nal reward,  we  have  freed  a  certain  priest,  named  Baldmunt, 
who  is  our  serf,  born  on  the  land  of  the  monastery  of  Cam- 
pido.  We  freed  him  by  striking  a  penny  out  of  his  hand  in 
the  presence  of  witnesses,  according  to  the  Salic  law,  and 
we  have  thereby  released  him  entirely  from  the  yoke  of 
servitude.  And  by  this  writing  we  have  given  a  sure  proof 
of  his  freedom  and  we  desire  that  he  shall  remain  free  for- 
ever. We  ordain  that  the  said  Baldmunt,  the  reverend  priest, 
shall  enjoy  such  freedom  and  have  such  rights  [that  is,  have 
the  same  legal  status]  as  all  those  have  who  up  to  this  time 
have  been  set  free  in  this  way  by  the  kings  or  emperors  of 
the  Franks. 

291.    HENRY  III  FREES  A  FEMALE  SERF,  1050. 

Bresslau,  Centum  Diplomata,  p.  49. 
See  introductory  note  to  no.  290. 

Henry,  etc.  Let  all  our  faithful  Christian  subjects,  both 
present  and  future,  know  that  we,  at  the  request  of  a  certain 
nobleman,  named  Richolf,  have  freed  a  certain  one  of  his 
female  serfs,  named  Sigena,  by  striking  a  penny  out  of  her 


548    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

hand.  We  have  freed  her  from  the  yoke  of  servitude,  and 
have  decreed  that  the  said  Sigena  shall  in  the  future  have 
the  same  liberty  and  legal  status  as  all  other  female  serfs 
have  who  have  been  freed  in  the  same  way  by  kings  or 
emperors.  .  .  . 

292.    THE  RECOVERY  OF  FUGITIVE  SERFS,  1224. 

M.  G.  LL.  4to,  IV,  2,  no.  287. 

The  condition  of  the  serfs  was  a  hard  one.  They  had  heavy  work, 
poor  shelter,  and  bad  food.  It  is  not  strange  that  they  sought  free- 
dom by  running  away.  The  cities  offered  them  a  good  asylum,  for 
they  regarded  it  as  a  part  of  their  law  that  a  serf  remaining  in  a 
free  city  a  year  and  a  day  without  being  reclaimed  by  his  lord  became 
free.  The  lords  objected  to  this,  but  without  effect.  Since  the  cities 
refused  to  deliver  serfs  to  their  lord  on  demand,  it  was  necessary 
for  the  lords  to  enter  the  city  and  search  for  them.  But  in  doing 
so  they  ran  great  risk  of  being  stoned  from  the  house-tops.  Henry 
[VII]  prescribed  that  they  should  have  protection  from  the  king 
as  well  as  from  the  officials  of  the  city  which  they  wished  to  search. 

Henry  [VII],  etc.  .  .  .  When  a  quarrel  arose  between 
our  cities  of  Elsass  and  the  nobles  and  ministerials  of  the 
same  province  in  regard  to  the  serfs  who  had  run  away  and 
gone  to  the  cities,  or  might  hereafter  do  so,  ...  it  was 
settled  by  the  following  decision:  If  a  serf  belonging  to  a 
noble  or  ministerial  runs  away  and  goes  to  one  of  our  cities 
and  stays  there,  his  lord  may  recover  him  if  he  can  bring 
seven  persons  who  are  of  the  family  of  the  serfs  mother, 
who  will  swear  that  he  is  a  serf,  and  belongs  to  the  said  lord. 
If  the  lord  cannot  secure  seven  such  witnesses,  he  may  bring 
two  suitable  witnesses  from  among  his  neighbors,  who  will 
swear  that  before  the  serf  ran  away  the  said  lord  had  been 
in  peaceable  possession  of  him,  .  .  .  and  he  may  then 
recover  his  serf.  We  also  decree  and  command  that  all 
nobles  and  ministerials  who  wish  to  recover  their  serfs  may 
enter  a  city  for  this  purpose  with  our  permission  and  pro- 
tection, and  no  one  shall  dare  injure  them.  At  their  request 


No.  294}        SOCIAL  CLASSES  AND  CITIES  549 

a  safe-conduct  shall  be  furnished  them  by  the  Schultheissen 
and  council  of  the  city. 

293.  THE  BANK  OF  CHILDREN  BOEN  OF  MIXED  MAB- 
EIAGES  is  FIXED.,  1282. 

Altmann  und  Bernheim,  no.  76. 

We,  Rudolf,  by  the  grace  of  God  king,  Augustus,  wish  by 
this  writing  to  inform  all  that  while  we  were  holding  court 
at  Germersheim  on  Ash- Wednesday  our  faithful  and  beloved 
subject,  Adolf,  count  of  Monte,  presented  the  following  ques- 
tion for  an  official  decision:  If  free  peasants  contract  mar- 
riage with  unfree,  or  with  others  whether  of  a  higher  or 
lower  social  status,  what  shall  be  the  status  of  the  children 
born  of  such  mixed  marriages?  And  all  who  were  present 
declared  that  children  should  always  have  the  rank  of  that 
one  of  its  parents  who  has  the  lower  social  status.  And  by 
this  writing  we  confirm  this  decision  as  a  reasonable  one. 

294.  FREDERICK  II  CONFERS  NOBILITY,  ABOUT  1240. 

Altmann  und  Bernheim,  no.  74. 

There  was  a  noble  class  among  the  ancient  Germans.  As  they 
established  themselves  on  Roman  soil,  the  nobility  itself  underwent 
a  change  and  it  was  added  to  in  various  ways.  Through  great  pos- 
sessions in  land,  and  through  appointment  to  office,  which  generally 
led  to  the  acquisition  of  lands,  an  aristocratic  class  was  formed 
which  came  to  be  regarded  as  noble.  From  the  tenth  century  the 
man  who  fought  on  horseback  was  a  knight,  and  hence  of  the  noble 
class.  As  the  class  became  conscious  of  itself  and  its  privileges,  it 
tended  to  put  up  barriers  and  exclude  from  its  ranks  all  except  those 
who  were  born  into  it.  Thus  in  the  days  of  Barbarossa  if  a  knight 
were  challenged  by  another,  he  could  refuse  to  fight  him  unless  the 
challenger  could  prove  that  his  grandfather  was  a  knight. 

Frederick,  etc.    We  wish  all  to  know  that  A of  N 

has  told  us  that  although  his  father  was  not  a  knight  yet 
he  wishes  to  become  one.  He  therefore  besought  us  to  make 
him  a  knight.  In  order  to  reward  the  faithfulness  of  him 
and  of  his  family  we  grant  his  petition  and,  out  of  the  ful- 


550    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

ness  of  our  power,  we  grant  that,  although  his  father  was 
not  a  knight,  and  although  our  laws  forbid  anyone  to  be  a 
knight  who  is  not  born  of  a  noble  family,  he  may  neverthe- 
less with  our  permission  put  on  the  military  girdle,  and  we 
forbid  all  people  to  hinder  or  prevent  him  from  doing  this. 

295.  CHARLES  IV  CONFERS  NOBILITY  ON  A  DOCTOR  OF 
BOTH  LAWS,  1360. 

Altmann  und  Bernheim,  no,  78. 

The  king  by  virtue  of  his  royal  power  could  confer  nobility  on  all 
whom  he  wished.  The  document  of  Charles  IV  is  especially  interesting 
as  showing  the  degree  of  honor  attaching  to  learning.  The  learned 
man  was,  because  6f  his  learning,  the  equal  of  the  noble.  He  who 
had  taken  the  Master's  degree  in  both  laws  was  thereby  raised  to  the 
same  social  plane  as  the  knight,  but,  of  course,  wras  not  thereby 
knighted.  Charles  IV  recognized  this  principle  and  conferred  knight- 
hood on  his  friend,  the  professor,  who  had  received  this  degree. 

Charles  IV,  by  divine  clemency  emperor  of  the  Romans, 
Augustus,  and  king  of  Bohemia,  sends  his  favor  and  wishes 
all  good  to  the  honorable  Wycker,  scholasticus  1  of  the  church 
of  St.  Stephen  of  Mainz,  his  [that  is,  the  emperor's]  chap- 
lain, intimate  table  companion,  and  devoted  and  beloved 
member  of  his  household. 

Beloved  and  devoted:  Although,  according  to  your  birth 
and  to  the  standards  of  the  world,  you  were  not  born  of  a 
noble  family  and  are  not  reckoned  as  a  knight,  nevertheless, 
because  you  are  adorned  with  so  great  and  remarkable 
knowledge  of  both  the  civil  and  canon  law,  that  it  supplies 
what  you  lack  by  birth  [that  is,  nobility],  in  imitation  of 
our  predecessors,  the  emperors  of  great  and  renowned  mem- 
ory, we  regard  your  knowledge  and  ability  as  the  equivalent 
of  nobility,  and  out  of  the  fulness  of  our  imperial  power  we 
decree  that  you  are  noble  and  knightly,  and  of  the  same  rank, 
honor,  and  condition  as  any  other  noble  and  knight.  There- 
fore we  strictly  command  all  princes,  ecclesiastical  and  secu- 
lar, counts,  chiefs,  nobles,  and  all  our  other  faithful  subjects, 


No.  296]         SOCIAL   CLASSES  AND   CITIES  551 

to  whom  this  letter  may  come,  under  threat  of  the  loss  of 
imperial  favor,  to  regard,  hold,  and  treat  you  as  such  [that 
is,  as  a  knight],  in  all  places;  and  out  of  reverence  for  the 
holy  empire  to  admit  you  to  all  the  rights,  privileges,  etc., 
which  noblemen  are  accustomed  to  enjoy.  .  .  . 

i  That  is,  he  was  a  professor  in  the  school  connected  with  that 
church. 

296.  THE  LAW  OP  THE  FAMILY  OF  THE  BISHOP  OF 
WORMS,  1023. 

Altmann  und  Bernheim,  no.  62;  M.  G.  LL.  4to,  I,  pp.  640  ff. 

The  bishop  of  Worms  was  a  large  landholder,  possessing  a  great 
deal  of  the  land  in  the  city  as  well  as  in  the  country.  This  land 
may  be  divided  into  two  groups  according  to  the  way  in  which  it 
was  held  and  tilled.  Some  of  it  was  let  out  as  fiefs,  and  from  this 
the  bishop  received  only  the  regular  feudal  dues  according  to  the 
terms  on  which  he  let  it  out.  The  rest  of  his  land  was  called  the 
domain,  and  was  tilled  by  serfs  who  lived  on  it  and  were  attached 
to  it.  There  was  great  variety  in  the  condition  of  the  serfs.  Some 
of  them  had  little  or  no  right  to  the  products  of  their  labors,  except 
to  what  they  needed  to  eat  and  wear.  It  would  of  course  be  impossible 
for  such  to  acquire  property.  Others  had  a  right  to  a  greater  or  less 
share  of  the  products  of  their  labors,  and  hence  they  could  amass 
property.  Through  their  wealth  all  such  could,  in  the  course  of 
time,  improve  their  condition  and  rise  in  the  social  scale.  All  those 
of  this  servile  group  were  unfree;  they  were  bondmen  of  the  church. 
All  of  them  taken  together  were  called  the  family  of  St.  Peter.  They 
were  attached  to  the  soil  which  they  tilled,  paid  a  tax  in  money 
or  in  kind,  or  rendered  services,  and  were  under  the  protection  of  the 
church  and  the  jurisdiction  of  the  bishop. 

From  paragraphs  9,  13,  16,  etc.,  we  learn  that  there  were  two 
classes  of  these  serfs,  the  fisgilini,  and  the  dagewardi.  Of  these  the 
fisgilini  were  the  higher  in  the  social  scale.  According  to  paragraphs 
9  and  29  they  had  a  share  in  the  wergeld  of  members  of  their  family 
and  they  were  not  compelled  to  render  services  except  of  a  certain 
kind  or  in  certain  departments  of  the  bishop's  household.  The 
services  which  they  were  bound  to  render  were  considered  less  servile, 
less  ignoble,  than  those  required  of  the  dagewardi.  From  these  facts 
it  is  inferred  that  their  ancestors  had  at  one  time  been  free,  but  had 
surrendered  their  lands  and  their  freedom  and  become  bondmen  of 


552    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

the  church  for  the  sake  of  securing  protection.  Bishops  and  abbots 
were  generally  regarded  as  lenient  lords  in  comparison  with  secular 
princes,  and  many  preferred  to  become  bondmen  of  the  church  rather 
than  of  secular  lords.  The  lands  which  they  held  they  passed  on 
from  father  to  son  ( par.  2  and  3 ) ,  and  they  could  amass  property 
and  dispose  of  it  ( par.  1  and  4 ) .  From  paragraphs  26,  27,  and  28 
there  seems  to  have  been  some  difference  between  the  ftsgilini  who 
lived  in  the  city  and  those  who  lived  in  the  country.  The  former 
were  no  doubt  artisans,  the  latter,  peasants.  But  it  is  not  clear  what 
other  differences  existed  between  them. 

Besides  these  bondmen,  mention  is  made  in  the  introduction  and 
par.  14  of  knights  and  freemen.  These  were  the  vassals  of  the 
bishop,  holding  the  lands  of  the  church  as  fiefs.  They  were  not 
included  in  the  "family  of  St.  Peter." 

Three  officials  are  mentioned.  ( 1 )  The  advocate  was  a  layman 
who  represented  the  bishop  and  the  church  in  all  secular  matters, 
held  the  three  regular  courts  of  the  year,  collected  the  fines  which 
fell  to  the  bishop,  etc.  In  theory  he  was  the  protector  of  the  church 
against  all  violence  and  oppression,  but  not  infrequently  he  took 
advantage  of  his  position,  and  by  threats  and  other  unjust  measures 
oppressed  the  church  and  extorted  money  from  it.  (2)  The  vidatne 
was  the  aid  or  representative  of  the  advocate  and  assisted  him  in 
the  administration  of  his  office.  (3)  The  "official"  of  the  intro- 
duction is  the  same  as  the  "local  official"  in  paragraphs  2,  12,  and 
24.  As  the  people  on  these  lands  lived  in  villages,  he  was  probably 
the  official  whom  the  bishop  entrusted  with  the  government  of  the 
village.  He  held  the  local  or  village  court.  (See  note  to  par.  13.) 
There  were  scabini  or  Schoeffen  who  assisted  all  these  officials  in 
administering  justice  (see  Glossary). 

In  par.  29  we  have  the  origin  of  a  new  class  which  came  to  be 
called  ministerials.  Since  no.  297  treats  of  them  especially,  the 
student  is  referred  to  it  for  a  discussion  of  this  class. 

Although  not  logically  arranged,  this  document  is  in  fact  a  little 
code  of  laws  for  the  government  of  the  bondmen  of  the  church.  A 
careful  analysis  of  each  paragraph  is  recommended  and  the  student 
will  find  it  profitable  to  attempt  a  classification  of  its  provisions. 
The  laws  concerning  the  different  classes  should  at  least  be  grouped 
together. 

This  family  of  St.  Peter  may  be  regarded  as  a  partial  cross  section 
of  the  society  in  and  about  Worms,  showing  many  of  the  layers  of 
which  that  society  was  composed.  The  bishop's  lands  were  no  doubt 
scattered  about,  and  not  in  one  mass.  So  there  were  other  serfs, 


No.  296]        SOCIAL  CLASSES  AND   CITIES  553 

probably  of  different  grades,  as  were  the  fisgilini  and  dagewardi,  and 
other  freemen,  knights,  etc.,  living  as  neighbors  to  the  serfs  and 
vassals  of  the  bishop. 

Because  of  the  frequent  lamentations  of  my  unfortunate 
subjects  and  the  great  injustice  done  them  by  many  who 
have  habitually  wronged  the  family  of  St.  Peter,  imposing 
different  laws  upon  them  and  oppressing  all  the  weaker  ones 
by  their  unjust  judgments  and  decisions,  I,  Burchard,  bishop 
of  Worms,  with  the  advice  of  my  clergy,  knights,  and  of  all 
my  family,  have  ordered  these  laws  to  be  written,  in  order 
that  hereafter  no  advocate,  nor  vidame,  nor  official,  nor  any 
other  malicious  person  may  be  able  to  add  any  new  law  to 
the  detriment  of  the  afore-mentioned  family,  but  that  the 
whole  family,  rich  and  poor  alike,  may  have  the  same  law. 

1.  If  anyone  of  the  family  of  St.  Peter  legally  marries 
a  woman  who  is  also  a  member  of  the  family,  and  gives  her 
a  dower  and  she  has  peaceable  possession  of  it  for  a  year  and 
a  day,  then  if  the  man  dies,  the  wife  shall  hold  the  whole  of 
the  dower  until  she  dies.    When  the  woman  'dies.,  if  they  had 
no  children,  the  dower  goes  to  the  nearest  heirs  of  the  man. 
If  the  woman  dies  first,  the  same  disposition  shall  be  made 
of  it  [that  is,  it  reverts  to  the  husband  and  his  heirs].     If 
after  marriage  they  acquire  property,  when  one  of  them  dies, 
the  other  shall  have  it  and  do  what  he  will  with  it.    If  the 
wife  brought  any  property  to  her  husband  at  the  time  of 
marriage,  at  the  death  of  both,  their  children,  if  they  have 
any,  shall  inherit  it.     If  they  have  no  children,  it  shall  re- 
turn to  her  relatives   unless  she  gives  it  away  before  her 
death.    If  the  children  die  after  inheriting  it,  it  shall  return 
to  the  nearest  relatives  of  their  mother. 

2.  If  anyone  has  inherited  a  piece  of  land  with  serfs,  and 
becomes  poor  and  is  forced  to  sell  it,  he  must  first,  in  the 
presence  of  witnesses,  offer  to  sell  it  to  his  nearest  heirs.    If 
they  will  not  buy  it,  he  may  sell  it  to  any  member  of  the 
family  of  St.  Peter.    If  a  piece  of  land  has,  by  judicial  proc- 


554    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

ess,  been  declared  forfeited  to  the  bishop  [because  the  holder 
has  not  paid  the  proper  dues  or  rendered  the  due  services], 
and  any  one  of  the  heirs  of  the  one  who  held  it  wishes  to  pay 
the  back  dues,  he  may  do  so  and  receive  the  land.  But  if  no 
heir  wishes  to  pay  the  back  dues,  the  local  official  may  let 
the  land  to  any  member  of  the  family  he  may  wish,  and  the 
one  thus  receiving  it  shall  hold  it.  If  after  a  few  years 
someone  comes  and  says :  "I  am  the  heir.  I  was  poor,  I  was 
an  orphan,  I  had  no  means  of  support,  so  I  left  home  and 
have  been  supporting  myself  in  another  place  by  work,"  and 
if  he  tries  by  his  own  testimony  alone  to  dispossess  him  who, 
with  the  consent  of  the  bishop,  received  the  land,  and  who 
has  cultivated  it  well  and  improved  it,  he  shall  not  be  able 
to  do  so.  For  since  there  was  no  heir  at  the  time  who  was 
willing  to  pay  the  back  dues,  let  him  to  whom  the  local  offi- 
cial gave  it  keep  it.  For  [it  may  be  said  to  the  new  claim- 
ant] :  "If  you  were  the  heir,  why  did  you  go  away?  Why  did 
you  not  stay  at  home  and  look  after  your  inheritance?"  No 
hearing  shall  be  granted  him  unless  he  has  a  good  and  rea- 
sonable excuse  [for  his  absence].  If  anyone  who  has  a  piece 
of  land  by  hereditary  right  dies  leaving  a  child  as  heir,  and 
this  child  is  not  able  to  render  the  service  due,  and  there  is 
a  near  relative  who  is  willing  to  render  the  due  service  for 
this  land  until  the  heir  becomes  of  age,  he  may  do  so.  But 
let  the  heir  not  be  disinherited  because  of  his  youth.  We 
beg  that  he  may  be  treated  mercifully  in  this  matter  [that 
is,  that  he  may  receive  his  inheritance  when  he  comes  of 
age]. 

3.  If  anyone  on  our  domain  land  dies  leaving  an  inher- 
itance, his  heir  shall  receive  it  without  being  bound  to  give 
us  a  present,  and  thereafter  he  shall  render  the  due  service 
for  it. 

4.  If  any  member  of  the  family  dies  leaving  free  prop- 
erty, unless  he  has  given  it  away,  his  nearest  heirs  shall 
inherit  it. 


No.  296]         SOCIAL   CLASSES  AND   CITIES  555 

5.  If  anyone  in  the  presence  of  witnesses  and  with  the 
consent  of  his  wife  parts  with  [alienates]  any  piece  of  prop- 
erty, no  matter  what  it  is,  the  bargain  shall  stand  unless 
there  is  some  other  good  reason  for  breaking  it. 

6.  If  anyone  sells  his  land  or  his  inheritance  to  another 
member  of  the  family  in  the  presence  of  one  of  his  heirs, 
and  that  heir  does  not  object  at  the  time,  he  shall  never 
afterwards  have  the  right  to  object.     If  an  heir  were  not 
present,  but,  after  learning  of  the  sale,  did  not  object  within 
that  year,  he  shall  afterwards  not  have  the  right  to  object 
to  it. 

7.  If  anyone  is,  by  the  judgment  of  his  fellows,  put 
"into  the  bishop's  hand,"  he  and  all  his  possessions  are  in 
the  bishop's  power. 

8.  If  anyone  takes  some  of  his  fellows  and  does  some 
injustice  to  a  member  of  the  family,  he  shall  pay  a  fine  for 
himself  and  for  his  accomplices  and  each  one  of  them  shall 
pay  his  own  fine. 

9.  Five  pounds  of  the  wergeld  of  a  fisgilinus  go  to  the 
bishop's  treasury  and  two  and  one-half  pounds  go  to  his 
friends  [kin]. 

10.  If  a  man  and  his  wife  die  leaving  a  son  and  a  daugh- 
ter, the  son  shall  receive  the  inheritance  of  the  servile  land 
[i.e.,  the  land  which  the  father  held],  and  the  daughter  shall 
receive  the  clothing  of  her  mother  and  all  the  cash  on  hand. 
Whatever  other  property  there  is  shall  be  divided  equally 
between  them. 

11.  If  anyone  has  received  a  piece  of  land  and  serfs  by 
inheritance,  and  takes  his  bed  because  of  illness  so  that  he 
cannot  ride  on  horseback  or  walk  alone,  he  shall  not  alienate 
[dispose  of  in  any  way]  the  land  and  serfs  to  the  disadvan- 
tage of  his  heirs,  unless  he  wishes  to  give  something  for  the 
salvation  of  his  soul.     All  his  other  property   [that  is,  all 
that  he  has  gained  in  addition  to  what  he  inherited]  he  may 
give  to  whomever  he  wishes. 


556    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

12.  In  order  that  there  may  not  be  so  many  perjuries, 
if  any  member  of  the  family  has  done  some  wrong  to  a 
fellow-member  in  the  matter  of  land,  or  vineyards,  or  any 
other  less  important  thing,  and  the  case  has  been  brought 
before  the  local  official,  we  desire  that  the  local  official  shall, 
with  the  aid  of  his  fellows,  decide  the  case  without  having 
anyone  take  an  oath. 

13.  If  any  fisgilinus  does  an  injustice,  either  great  or 
small,  he  shall,  like  the  dagewardus,  pledge  five  solidi  to  the 
treasury  of  the  bishop  and  pay  five  solidi  as  composition  to 
him  to  whom  he  did  the  wrong,  if  he  is  of  the  same  society. 
If  he  is  outside  his  society  he  shall  pledge  one  ounce  and 
no  oath  shall  be  taken. 

14.  If  anyone  from  the  bishop's  domain  lands  marries 
someone  who  belongs  to  a  fief  which  is  held  from  the  bishop, 
he  shall  continue  to  be  under  the  bishop's  jurisdiction.     If 
anyone  from  such  a  fief  marries  someone  from  the  bishop's 
domain  land,  he  shall  continue  under  the  jurisdiction  of  the 
lord  of  the  fief  on  which  he  lives. 

15.  If  anyone  marries  a  foreign  woman  [that  is,  one  who 
does  not  live  on  the  bishop's  territory],  when  he  dies  two- 
thirds  of  their  possessions  shall  go  to  the  bishop. 

16.  If  a  fisgilinus  marries  a  dagewarda,  their  children 
shall  be  of  the  lower  rank;  and  likewise  if  a  dagewardus 
marries  a  fisgilina. 

17.  If  anyone  makes  an  unjust  outcry  in  court,  or  be- 
comes angry  and  leaves  the  court,  or  does  not  come  in  time 
to  the  court,  and  those  sitting  in  the  court  with  him  do  not 
convict  him  of  this,  he  shall  not  take  an  oath  about  it,  but 
the  Schoeffen  shall  decide  it. 

18.  If  anyone  has  a  suit  against  his  fellow,  he  alone  shall 
take  an  oath  about  it.     But  if  it  concerns  a  feud,  or  is 
against  the  bishop,  he  shall  have  six  men   [compurgators] 
to  take  an  oath  with  him. 

T9.     It   has    frequently   happened   that    if   one   lent   his 


No.  296]         SOCIAL  CLASSES  AND   CITIES  557 

money  to  another,  the  borrower  would  repay  as  much  as  he 
wished  and  then  swear  that  he  owed  no  more.  In  order  to 
prevent  perjury  we  have  decreed  that  the  lender  need  not 
accept  the  oath  of  the  borrower  but  may,  if  he  wishes, 
challenge  him  to  a  duel,  and  so  [by  defeating  him]  prove 
his  indebtedness.  If  the  lender  is  so  important  a  person 
that  he  does  not  wish  to  fight  the  borrower  on  such  an 
account,  he  may  appoint  someone  to  fight  for  him. 

20.  If  anyone  in  the  city  of  Worms  is  convicted  by  los- 
ing a  duel,  he  shall  pledge  sixty  solidi.    If  he  is  defeated  by 
a  member  of  the  family  who  lives  outside  of  the  city,  he 
shall  pay  the  victor  three  times  the  amount  of  the  fine,  be- 
cause he   challenged  him  unjustly,   and   he  shall   pay   the 
bishop's  ban,  and  twenty  solidi  to  the  advocate,  or  he  shall 
lose  his  skin  and  hair  [that  is,  he  shall  be  beaten  and  his  head 
shaved] . 

21.  If  anyone  of  the  family  of  St.  Peter  buys  a  piece 
of  land  and  serfs  from  a  free  man   [that  is,  one  who  is 
not  a  member  of  the  family],  or  has  acquired  it  in  any 
other   way,  he   shall  not   dispose  of  it  to   anyone   outside 
of  the  family,  unless  he  exchanges  it  [for  other  land  and 
serfs]. 

22.  If  anyone  attempts  to  reduce  a  fisgilinus  to  the  rank 
of  a  dagewardus  and  subject  him  to  an  unjust  poll  tax  [as 
a  symbol  of  his  servile  rank],  the  fisgilinus  shall  prove  his 
rank  by  the  testimony  of  seven  of  his  nearest  relatives,  but 
he  shall  not  hire  them  for  this  purpose.     If  the  charge  is 
made  that  his  father  was  not  a  fisgilinus,  two  female  wit- 
nesses shall  be  taken  from  his  father's  family  and  one  from 
his  mother's.     If  it  is  said  that  his  mother  was  not  of  that 
rank,  two  shall  be  taken  from  her  family  and  one  from  his 
father's  family,  unless  he  can  prove  his  rank  by  the  testi- 
mony of  the  Schoeffen  or  of  his  relatives. 

23.  If  any  member  of  the  family  enters  the  house  of 
another  with  an  armed  force  and  violates  his  daughter,  he 


558    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

shall  pay  to  her  father,  or  to  her  guardian,  three  times  the 
value  of  every  piece  of  clothing  which  she  had  on  when 
she  was  seized,  and  to  the  bishop  his  ban  for  each  piece  of 
clothing.  And  he  shall  also  pay  to  her  father  a  triple  fine 
and  the  bishop's  ban.  And  because  the  law  pf  the  church 
does  not  permit  him  to  marry  her,  he  shall  appease  her  fam- 
ily by  giving  to  twelve  members  of  it  twelve  shields  and  as 
many  lances  and  one  pound  of  money. 

24.  If  anyone  confesses  a  debt  in  the  presence   of  the 
local  official  but  the  said  official  has  not  the  time  to  render 
a  decision  that  day,  and  he  who  confessed  the  debt  denies 
it  the  next  day,  the  said  official,  if  he  had  a  witness  to  the 
confession,  shall  render  the  decision  in  accordance  with  the 
confession. 

25.  But  if  the  said  official  had  no  witness  to  the  con- 
fession, he  shall  render  the  decision  according  to  what  the 
man  says  in  court  and  not  according  to  his  former  con- 
fession. 

26.  If  anyone  in  the  city  has  inherited  a  building  site, 
it   cannot  be    declared   forfeited   to   the   bishop   unless   he 
has  refused  to  pay  the  tax  and  all   other  dues  for  three 
years.     After  he   has   failed  to  pay   these   dues  for  three 
years,  he  shall  be  summoned  to  court  three  times,  and  if 
he  wishes  to  pay  all  the  back  dues  he  may  do  so  and  retain 
the  building  site.     If  he  sells  the  house,  he   forfeits  the 
building  site. 

27.  If  anyone  in  the  city  strikes  another  so  hard  that 
he  knocks  him  down,  he  shall  pay  sixty  solidi  to  the  bishop. 
If  he  strikes  another  with  his  fist  or  a  light  stick  without 
knocking  him  down,  he  shall  pay  only  five  solidi. 

28.  If  anyone  in  the  city  draws  his  sword  to  kill  another 
or  stretches  his  bow  and  puts  an  arrow  on  the  bow-string, 
or  tries  to  strike  him  with  his   lance,  he  shall  pay  sixty 
solidi. 

29.  If  the  bishop  wishes  to  take  a  fisgilinus  into  his  ser- 


No.  296]         SOCIAL   CLASSES  AND   CITIES  559 

vice,  he  may  put  him  to  work  under  the  chamberlain,  or 
the  cup-bearer,  or  the  steward  [dish-bearer],  or  the  master 
of  the  horse,  or  under  the  official  who  has  charge  of  the 
bishop's  lands  and  collects  the  dues  from  them  [i.e.,  the 
advocate].  But  if  he  does  not  wish  to  serve  the  bishop  in 
any  of  these  departments  of  the  bishop's  household,  he  may 
pay  four  denars  every  time  the  bishop  is  summoned  by  the 
king  to  call  out  his  men  for  the  purpose  of  fighting,  and  six 
when  the  bishop  is  summoned  to  accompany  the  emperor 
to  Rome,  and  he  must  attend  the  three  regular  sessions  of 
court  which  are  held  every  year,  and  then  he  may  serve 
whomsoever  he  wishes. 

30.  Homicides  take  place  almost  daily  among  the  family 
of  St.  Peter,  as  if  they  were  wild  beasts.  The  members  of 
the  family  rage  against  each  other  as  if  they  were  insane  and 
kill  each  other  for  nothing.  Sometimes  drunkenness,  some- 
times wanton  malice  is  the  cause  of  a  murder.  In  the  course 
of  one  year  thirty-five  serfs  of  St.  Peter  belonging  to  the 
church  of  Worms  have  been  murdered  without  provocation. 
And  the  murderers,  instead  of  showing  penitence,  rather 
boast  and  are  proud  of  it.  Because  of  the  great  loss  thus 
inflicted  on  our  church,  with  the  advice  of  our  faithful  sub- 
jects, we  have  made  the  following  laws  in  order  to  put  an 
end  to  such  murders.  If  any  member  of  the  family  of  St. 
Peter  kills  a  fellow  member  except  in  self-defence,  that  is, 
while  defending  either  himself  or  his  property  [against  the 
attacks  of  the  man  whom  he  kills],  we  decree  that  he  shall 
be  beaten  and  his  head  shaved,  and  he  shall  be  branded  on 
both  jaws  with  a  red-hot  iron,  made  for  this  purpose,  and 
he  shall  pay  the  wergeld  and  make  peace  in  the  customary 
way  with  the  relatives  of  the  man  whom  he  killed.  And 
those  relatives  shall  be  compelled  to  accept  this.  If  the 
relatives  of  the  slain  man  refuse  to  accept  it  and  make  war 
on  the  relatives  of  the  murderer,  anyone  of  the  latter  may 
secure  himself  against  their  violence  by  taking  an  oath  that 


560    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

he  knew  nothing  of  the  murder  and  had  nothing  to  do  with 
it.  If  the  relatives  of  the  slain  man  disregard  such  an 
oath  and  try  to  injure  the  one  who  took  it,  even  though  they 
do  not  succeed  in  doing  so,  they  shall  be  beaten  and  have 
their  heads  shaved,  but  they  shall  not  be  branded  on  the 
jaws.  But  if  they  kill  him  or  wound  him,  they  shall  be 
beaten  and  their  heads  shaved,  and  they  shall  be  branded 
on  the  jaws.  If  a  murderer  escapes,  all  his  property  shall 
be  confiscated,  but  his  relatives,  if  they  are  innocent,  shall 
not  be  punished  for  him.  If  the  murderer  does  not  flee, 
but,  in  order  to  prove  his  innocence  [that  is,  that  he  acted  in 
self-defence],  wishes  to  fight  a  duel  with  some  relative  of 
the  slain  man,  and  if  he  wins  [in  the  duel],  he  shall  pay  the 
wergeld  and  satisfy  the  relatives  of  the  slain  man.  If  no 
relative  6f  the  slain  man  wishes  to  fight  a  duel  with  the 
murderer,  the  murderer  shall  clear  himself  before  the  bishop 
with  the  ordeal  of  boiling  water,  and  pay  the  wergeld,  and 
make  peace  with  the  relatives  of  the  slain  man,  and  they 
shall  be  compelled  to  accept  it.  If  through  fear  of  this 
law  the  relatives  of  the  slain  man  go  to  another  family 
[that  is,  to  people  who  do  not  belong  to  the  family  of  St. 
Peter],  and  incite  them  to  violence  against  the  relatives  of 
the  murderer,  if  they  will  not  clear  themselves  by  a  duel 
[that  is,  prove  that  they  did  not  incite  them,  etc.],  they  shall 
clear  themselves  before  the  bishop  by  the  ordeal  of  boiling 
water,  and  whoever  is  proven  guilty  by  the  ordeal  shall  be 
beaten,  his  head  shaved,  and  he  shall  be  branded  on  the  jaws. 
If  any  member  of  the  family  who  lives  in  the  city  kills 
a  fellow  member  except  in  self-defence,  he  shall  be  punished 
in  the  same  way,  and  besides  he  shall  pay  the  bishop's  ban, 
and  the  wergeld,  and  make  peace  with  the  relatives  of  the 
slain  man,  and  they  shall  be  compelled  to  accept  it.  If  any 
foreigner  [that  is,  one  who  does  not  belong  to  the  family 
of  St.  Peter]  who  cultivates  a  piece  of  St.  Peter's  land 


No.  296]         SOCIAL  CLASSES  AND   CITIES  561 

[that  is,  holds  it  as  a  fief  from  the  bishop],  kills  a  member 
of  the  family  of  St.  Peter  except  in  self-defence,  he  shall 
either  be  punished  in  the  same  way  [that  is,  by  beating,  etc.], 
or  he  shall  lose  his  fief  and  he  shall  be  at  the  mercy  of  the 
advocate  and  the  family  of  St.  Peter  [that  is,  they  may 
carry  on  a  feud  against  him,  and  slay  him].  If  anyone  who 
is  serving  us  [that  is,  anyone  who  is  serving  the  bishop  in 
one  of  the  five  departments  named  in  paragraph  29]  or  one 
of  our  officials  commits  such  a  crime  [that  is,  kills  someone], 
it  shall  be  left  to  us  to  punish  him  as  we,  with  the  advice 
of  our  subjects,  may  see  fit. 

31.  If  one  member  of  the   family  has  a  dispute  with 
another  about  anything,  such  as  fields,  vineyards,  serfs,  or 
money,  if  possible,  let  it  be  decided  by  witnesses  without 
oaths.    If  it  cannot  be  decided  in  that  way,  let  both  parties 
to  the  case  produce  their  witnesses  in  court.     After  the  wit- 
nesses have  testified,  each  for  his  side  [that  is,  each  one  says 
that  he  believes  the  man  whom  he  is  supporting  is  telling  the 
truth],  two  men  shall   be  chosen,  one  from  each  side,  to 
decide  the  suit  by  a  duel.     He  whose  champion  is  defeated 
in  the  duel  shall  lose  his  suit,  and  his  witnesses  shall  be 
punished  for  bearing  false  witness,  just  as  if  they  had  taken 
an  oath  to  it. 

32.  If  any  member  of  the  family  commits  a  theft  not 
because  of  hunger,  but  from  avarice  and  covetousness,  or 
habit,  and  the  stolen  object  is  worth  five  solidi  or  more,  and 
it  can  be  proved  that  the  thief,  either  in  a  public  market  or 
in  a  meeting  of  his  fellow  members,  has  restored  the  stolen 
object,  or  given  a  pledge  to  do  so,  we  decree  for  the  pre- 
vention of  such  crimes  that  as  a  punishment  of  his  theft  the 
thief  shall  lose  his  legal  status — that  is,  if  anyone  accuses 
him  of  a  crime,  he  cannot  clear  himself  by  an  oath,  but  must 
prove  his  innocence  by  a  duel  or  by  the  ordeal  of  boiling 
water  or  red-hot  iron.     The  same  punishment  shall  be  in- 


562    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

flicted  on  one  who  is  guilty  of  perjury,  or  of  bearing  false 
witness,  and  also  on  one  who  is  convicted  by  duel  of  theft, 
and  of  those  who  plot  with  the  bishop's  enemies  against  the 
honor  and  safety  of  his  lord,  the  bishop. 

Par.  2.  As  a  reasonable  excuse,  the  claimant  might  prove  that  he 
had  been  serving  the  bishop  in  war,  or  that  he  had  been  held  as  a 
prisoner.  In  such  cases  he  must  have  a  hearing. 

Par.  3.  It  was  customary  for  an  heir  on  entering  into  his  inherit- 
ance to  give  his  lord  as  a  present  either  his  best  piece  of  furniture 
or  clothing,  or  his  best  animal  (horse,  etc.).  The  bishop  here  sur- 
renders his  right  to  all  such  presents. 

Par.  4.  "Free  property"  is  such  as  he  has  acquired  and  has  the 
right  to  dispose  of  as  he  wishes. 

Par.  7.  "Into  the  bishop's  hand,"  see  especially  no.  297,  par.  7. 

Par.  13.  It  is  not  clear  what  is  meant  by  being  of  the  same  society. 
Probably  those  who  lived  in  the  same  neighborhood  or  village  were 
regarded  as  forming  a  society  or  group  for  administrative  purposes. 
They  were  probably  under  the  local  official  who  has  already  been 
spoken  of  in  the  introduction. 

Par.  14.  Here  the  land  which  was  held  by  the  unfree  or  servile 
classes  is  clearly  distinguished  from  that  which  was  held  as  fiefs  by 
freemen,  knights,  etc.,  who  were  the  bishop's  vassals. 

Par.  20.  The  bishop's  ban  was  sixty  solidi.  That  is,  this  was  a 
fixed  sum  which  all  who  were  convicted  of  certain  offenses  had  to 
pay  as  a  fine  to  the  bishop. 

Par.  26.  In  recognition  of  the  fact  that  the  ground  or  building-site 
originally  belonged  to  the  bishop,  and  that  he  still  had  a  certain 
legal  claim  on  it,  the  one  who  held  it  paid  an  annual  tax  on  it.  He 
passed  it  on  to  his  heirs,  but  could  not  sell  it  or  transfer  it  to  any- 
one. For  certain  crimes  it  reverted  to  the  bishop.  It  is  characteristic 
of  German  mediaeval  law  that  it  distinguished  sharply  between  the 
building-site  and  the  buildings  on  it,  attaching  much  more  importance 
to  the  building-site  than  to  the  buildings.  Thus  no  one  in  the  cities 
was  entitled  to  citizenship  who  did  not  possess  such  a  building-site 
in  the  city. 

Par.  30.  From  the  last  three  paragraphs  one  may  gain  a  good  idea 
of  the  amount  of  violence,  and  especially  of  the  feuds,  which  raged 
among  the  serfs.  The  serfs  of  the  bishop  of  Worms  were  probably 
no  worse  than  those  of  other  lords.  These  paragraphs  also  contain 
several  indications  of  legal  procedure  which  are  worthy  of  note  (see 
section  VII). 


No.  297]         SOCIAL  CLASSES  AND  CITIES  563 

297.  THE  CHARTER  OF  THE  MINISTERIALS  OF  THE  ARCH- 
BISHOP OF  COLOGNE,  1154. 

Altmann  und  Bernheim,  no.  70. 

It  required  a  large  number  of  servants  to  conduct  the  household 
of  a  great  landed  proprietor  and  prince,  such  as  the  king,  a  duke, 
count,  archbishop,  bishop,  or  abbot,  was.  For  the  household  included 
the  management  of  his  lands,  the  administration  of  justice,  etc.,  as 
well  as  the  care  of  his  palace,  or,  more  likely,  palaces.  The  household 
was  divided  into  five  departments,  each  under  a  head.  The  head  of 
the  first  was  the  chamberlain,  of  the  second,  the  cup-bearer,  of  the 
third,  the  steward,  of  the  fourth,  the  marshal  (master  of  the  horses), 
and  of  the  fifth,  the  advocate.  The  law  of  the  bishop  of  Worms  shows 
that  he  obtained  a  sufficient  number  of  servants  to  man  his  household 
by  calling  in  fisgilini  to  serve  in  relays.  All  the  other  great  lords 
did  the  same  thing.  It  was  natural  that  those  who  had  obtained 
some  experience  in  this  work  should  be  called  in  again  and  again, 
and  so  it  came  about  that  those  who  served  in  this  way  were  re- 
garded as  a  class  quite  separate  from  their  fellow  serfs  who  remained 
in  the  country  and  did  not  serve  in  the  lord's  household.  The  posi- 
tion and  honor  became  hereditary  and  differentiated  them  from  all 
others.  They  gradually  rose  in  the  social  scale.  Every  great  lord, 
from  the  king  down,  developed  such  a  class  of  servants,  who  were 
called  without  distinction  ministerial.  The  kings  of  Germany  made 
use  of  their  ministerial  in  the  administration  of  the  government. 

As  soon  as  they  became  conscious  of  themselves  as  a  class  they 
began  to  haggle  with  their  lords  for  more  rights  and  privileges.  They 
gradually  obtained  a  body  of  rights  and  established  a  set  of  customs 
which,  when  written,  formed  a  little  code  of  laws  for  them.  Their 
history  shows  a.  constant  improvement  in  their  condition  and  an 
enlargement  of  their  rights.  Every  such  lord  needed  soldiers,  so  he 
early  began  to  arm  his  ministerials,  to  put  them  on  horseback,  and 
to  train  them  to  fight  for  him.  It  was  soon  understood  that  every 
ministerial  was  bound  to  fight  for  his  lord.  But  as  soon  as  a  man 
began  to  fight  on  horseback,  he  was  a  knight,  and  the  title  of  knight 
carried  with  it  the  conception  of  nobility.  We  have  the  strange 
circumstance  that  serfs,  by  fighting  on  horseback,  partake  to  a  certain 
extent  of  the  knightly  character  and  rank.  The  outcome  of  it  was 
that  those  ministerials  who  fought  on  horseback  forgot  their  servile 
origin  and  succeeded  in  attaching  themselves  to  the  nobility.  They 
formed  the  lower  nobility  in  Germany. 

The  ministerial  knights  who  were  developed  on  the  lands  of  the 
Staufer  served  their  lords  in  their  wars  and  were  used  in  the  admin- 


564    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

istration  of  the  imperial  government.  When  the  Staufer  family 
disappeared,  their  knights  called  themselves  imperial  knights  and 
declared  that  they  were  attached  to  the  crown,  and  owed  allegiance 
directly  to  the  emperor,  whoever  he  might  be. 

In  the  name  of  the  holy  and  undivided  Trinity.  These 
are  the  rights  of  the  ministerials  of  St.  Peter  in  Cologne, 
which  have  been  decreed,  fixed,  and  observed  for  a  long  time, 
and  are  still  to  be  observed. 

1.  The  ministerials  of  St.  Peter  shall  take  an  oath  of 
fidelity  to  their  lord,  the  archbishop,  without  any  reserva- 
tion or  exception,  and  they  shall  be  faithful  to  him  against 
every  man  [that  is,  the  archbishop  is  their  supreme  lord. 
Their  oath  to  him  takes  precedence  over  their  oath  to  anyone 
else,  even  to  the  emperor], 

2.  If  anyone  invades  the  territory  of  Cologne  and  the 
lands  of  the  bishopric,  all  the  ministerials  o.f  St.  Peter,  both 
those  who  hold  fiefs  [from  the  archbishop]   and  those  who 
do  not,  shall  assist  their  lord,  the  archbishop,  in  defending 
his  lands,  and  shall  follow  him  with  arms  to  the  frontier  of 
the  bishopric.     If  the  archbishop  wishes  to  go  beyond  the 
limits  of  his  bishopric,  the  ministerials  are  not  bound  to 
follow  him.    But  they  may  go  with  him  if  they  do  so  of  their 
own  accord,  or  if  their  lord  can  persuade  them  to  do  so 
[that  is,  by  gifts,  concessions,  etc.].     If  the  lands  of  the 
archbishop,  which  lie  outside  of  his  bishopric,  are  violently 
invaded  by  anyone,  the  ministerials  are  bound  to  follow  their 
lord  thither  for  the  purpose  of  repelling  this  violence. 

3.  If  the  archbishop  becomes  so  offended  by  one  of  his 
ministerials  that  he  denies  him  his  grace  and  confiscates  his 
property,  that  ministerial  shall  beg  the  nobles  of  the  land, 
and  especially  those  who  are  the  highest  officials  of  the  arch- 
bishop's court,  to  intercede  for  him  with  the  archbishop. 
But  if  he  is  not  able  to  regain  the  archbishop's  grace  within 
a  year,  'he  may,  at  the  end  of  the  year,  attach  himself  to 
some  other  lord  and  serve  him,  but  he  shall  never  assist 


No.  297]         SOCIAL  CLASSES  AND  CITIES  565 

his  new  lord  in  plundering  the  lands  or  burning  the  houses 
on  the  lands  of  his  lord,  the  archbishop.  If  the  arch- 
bishop does  not  confiscate  his  property  but  merely  denies 
him  his  grace,  after  a  year  he  ma}'  refuse  to  serve  the 
archbishop  further  until  the  archbishop  again  grants  him 
his  grace. 

4.  The  ministerials  of  St.  Peter  are  bound  to  go  with 
their  lord,  the  archbishop,  in  his  expedition  across  the  Alps 
for  the  coronation  of  the  emperor,  especially  those  who  hold 
fiefs  of  him  which  have  the  value  of  five  marks  or  more. 
An  exception  is  made  in  favor  of  the  advocate  and  treasurer. 
These  two  shall  remain  at  home,  because  the  advocate  must 
collect  and  take  care  of  the  income  from  the  archbishop's 
lands  [that  is,  those  that  are  not  let  out,  but  tilled  by  his 
serfs],  and  the  treasurer  must  collect  the  money  from  tolls 
and  from  the  mint.  But  all  the  others  who  hold  fiefs  of  the 
archbishop,  worth  five  marks  or  more,  shall  go  if  the  arch- 
bishop wishes  them  to  do  so.  To  fit  him  for  the  journey  and 
to  clothe  his  servants  the  archbishop  shall  give  each  one  of 
them  ten  marks  and  forty  yards  of  cloth  which  is  called 
"  scarlet,"  and  to  every  two  knights  he  shall  give  a  pack- 
horse  and  a  saddle  with  all  that  belongs  to  it,  and  two  bags 
with  a  cover  for  them  (which  is  called  a  "dekhut"),  and 
four  horseshoes  and  twenty-four  nails.  After  they  reach  the 
Alps  the  archbishop  shall  give  each  knight  a  mark  a  month 
for  his  expenses.  If  the  archbishop  refuses  to  give  this 
mark  to  any  knight  at  the  proper  time  and  place,  the  said 
knight  shall  inform  the  officials  of  the  archbishop's  court, 
and,  if  possible,  by  their  help  get  his  money.  But  if  even 
with  their  aid  he  cannot  obtain  the  mark,  he  shall,  toward 
evening,  and  in  the  presence  of  a  witness,  place  a  rod  which 
has  been  stripped  of  its  bark,  on  the  bed  of  the  archbishop. 
Nor  shall  anyone  remove  this  rod  until  the  archbishop  finds 
it  on  going  to  bed.  If  the  archbishop  asks,  "  Who  did  this?  " 
and,  on  being  told,  gives  the  knight  the  mark  due,  the  knight 


566    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

shall  proceed  with  him.  But  if  the  knight  does  not  receive 
the  mark,  he  shall  come  early  the  next  morning  to  the 
archbishop  and  fall  on  his  knees  before  him ;  and  in  the  pres- 
ence of  two  of  his  fellow  ministerials  he  shall  kiss  the  hem 
of  the  pallium  of  the  archbishop.  He  then  has  the  right  to 
go  back  home  without  suffering  either  in  his  rights  or  honor 
or  possessions.  But  if  the  archbishop  is  angry  and  refuses 
to  let  him  kiss  his  pallium,  the  knight  shall  call  his  two 
fellow  ministerials  to  witness  and  then  he  may  go  back  home. 
Those  who  hold  fiefs  from  the  archbishop  of  less  than  five 
marks  in  value  need  not  go  on  the  expedition  unless  they 
wish  to  do  so.  But  each  one  of  them  shall  pay  an  army  tax, 
that  is,  the  half  of  the  income  of  his  fief.  The  archbishop 
shall  announce  the  expedition  to  all  his  ministerials  a  year 
and  a  day  before  the  time  of  departure. 

5.  Of  all  the  ministerials  of  St.  Peter  no  one  shall  pro- 
pose a  verdict  [that  is,  render  a  decision  in  a  case  in  court], 
except  the  advocate  alone,  if  he  is  present.     If  he  is  not 
present,  the  archbishop  may  ask  some  other  ministerial  to 
propose  the  verdict. 

6.  The  advocate  of  Cologne  has  the  control  and  manage- 
ment  [and  income]   of  the  following  twelve  farms:  Elber- 
feld,  Helden,  Zunz,  Nyle,  Duze,  Merreche,  Pinnistorp.  Lun- 
reche,  Dekstein,  Blatsheim,  Merzenich  and  Rudisheim.     He 
may  appoint  and  remove  the  overseers  in  them  as  he  sees 
the  interests  of  his  lord  the  archbishop  demand.     Because 
Merzenich  and  Rudisheim  have  been  given  as  a  fief  to  oth- 
ers, Burche  and  Bardenbach  are  given  the  advocate  in  their 
stead.    The  archbishop  shall  have  the  control  of  all  his  other 
farms  and  shall  appoint  and  remove  the  overseers  as  he 
pleases. 

7.  No  ministerial  of  St.  Peter  shall  fight  a  duel  with 
another  ministerial,  no  matter  what  the  one  has  done  to  the 
other.    If  one  ministerial  kills  another  wilfully  and  without 
a  good  reason,  the  relatives  of  the  slain  man  shall  make 


No.  297]         SOCIAL   CLASSES  AND   CITIES  567 

charges  against  the  slayer  before  the  archbishop.  If  the 
slayer  confesses  the  deed,  he  shall  be  delivered  into  the 
power  of  his  lord  [that  is,  the  archbishop].  If  he  denies 
the  deed,  the  archbishop  shall  convict  him  on  the  testimony 
of  seven  of  his  ministerials  who  are  related  neither  to  the 
slayer  nor  to  the  slain.  If  convicted  in  this  way  he  shall 
be  delivered  into  the  power  of  his  lord.  After  he  is  deliv- 
ered into  the  power  of  his  lord  he  shall  always  follow  him 
wherever  he  goes.  He  shall  have  with  him  three  horses 
and  two  servants.  But  he  shall  never  willingly  let  the 
archbishop  see  him,  unless  it  happens  that  the  archbishop 
unexpectedly  turns  and  comes  back  by  a  road  along  which 
he  has  just  passed.  The  archbishop  shall  supply  him  and 
his  two  servants  with  food  and  provender  [for  their  horses]. 
He  shall  constantly  follow  his  lord  thus,  and  labor  earnestly 
with  the  officials  of  the  city  and  the  lords  of  the  land  [that 
is,  the  vassals  of  the  archbishop]  and  with  all  whom  he  can 
that  they  may  aid  him  in  recovering  the  grace  of  the  arch- 
bishop and  that  he  may  be  reconciled  with  the  family  of  the 
man  whom  he  has  slain.  If  he  cannot  do  this  within  a  year 
and  a  day,  the  advocate  and  the  treasurer  shall  shut  him  up 
in  the  room  which  is  nearest  to  the  chapel  of  St.  Thomas 
under  the  palace  of  the  archbishop.  This  room  is  so  near  the 
chapel  that  through  its  window  he  can  daily  hear  the  divine 
services.  He  shall  be  shut  in  the  room  in  the  following 
manner :  A  woollen  thread  shall  be  stretched  from  one  door- 
post to  the  other  and  each  end  fastened  with  a  wax  seal. 
Every  day  at  sunrise  the  door  of  the  room  shall  be  opened 
and  it  shall  remain  open  until  sunset.  He  shall  be  under 
the  protection  of  the  archbishop  and  secure  from  his  enemies 
[the  family  of  the  man  whom  he  slew].  After  sunset  the 
door  shall  be  closed  from  the  inside  so  that  he  will  be  pro- 
tected from  his  enemies.  While  he  is  shut  up  in  this  room 
he  shall  be  at  his  own  expense,  and  the  archbishop  shall 
give  him  nothing  toward  his  support.  Never  as  long  as  he 


568    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

lives  shall  he  leave  this  room  until  he  has  recovered  the  grace 
of  his  archbishop  and  the  friendship  of  the  family  of  the 
man  whom  he  has  slain.  The  archbishop  shall  not  grant  him 
his  grace  until  he  has  compounded  with  the  friends  of  the 
man  whom  he  has  slain.  But  he  may  leave  the  room  at 
certain  times  in  the  year,  namely,  at  Christmas,  at  Easter, 
and  on  St.  Peter's  day  [Aug.  1].  At  each  one  of  these  times 
he  may  go  out  for  three  days  to  urge  and  beseech  all  the 
officials  of  the  church,  and  the  nobles  of  the  land  and  all 
his  friends  and  fellow  ministerials,  to  intercede  for  him.  If 
he  fails  to  recover  the  grace  of  the  archbishop  within  the 
three  days,  he  shall  at  once  return  to  the  room  and  remain 
there  as  before.  If  he  leaves  the  room  in  any  other  way 
he  shall  thereby  lose  all  his  rights,  ecclesiastical  and  secu- 
lar, and  he  shall  be  deprived  of  his  honor  and  his  Chris- 
tianity [that  is,  he  shall  be  excommunicated] .  And  if  after- 
wards he  is  chased  and  captured  and  killed  in  the  church 
or  in  sanctuary,  in  the  city  or  out  of  it,  in  peace  or  in  war, 
in  any  place  and  at  any  time,  he  shall  not  be  buried  in  holy 
ground  and  no  punishment  shall  be  inflicted  on  those  who 
have  killed  him.  As  long  as  he  remains  in  the  room,  his 
friends  and  relatives  and  acquaintances  may  freely  come  to 
see  him  and  stay  with  him,  provided  that  in  coming  in  or 
going  out  they  do  not  break  the  thread  or  the  seals.  His 
wife  may  visit  him  also,  but  if  she  bears  a  child  while  he  is 
thus  imprisoned,  it  shall  be  illegitimate  and  shall  have  no 
secular  rights  [that  is,  it  cannot  inherit]. 

8.  If  a  ministerial  of  St.  Peter  challenges  a  ministerial 
of  the  empire  to  a  duel  [to  settle  some  suit]  in  the  court  of 
the  archbishop,  fifteen  days  before  the  duel  the  archbishop 
shall  send  both  of  them  to  the  emperor  that  they  may  fight 
in  his  presence  and  the  ministerial  shall  obtain  his  justice 
there  [in  the  court  of  the  emperor].  If  a  ministerial  of  the 
emperor  challenges  a  ministerial  of  St.  Peter  to  a  duel,  the 
emperor  shall  send  them  both  to  the  archbishop  that  he  may 


No.  297]         SOCIAL  CLASSES  AND  CITIES  569 

decide  the  case.  And  if  the  emperor  does  not  judge  the 
ministerials  of  St.  Peter  but  sends  them  to  their  lord  the 
archbishop,  it  is  evident  that  the  nobles  of  the  territory  of 
Cologne  who  have  jurisdiction  on  their  lands,  have  no  right 
to  sit  in  judgment  on  the  ministerials  of  St.  Peter  in  matters 
concerning  their  allodial  holdings  and  in  capital  charges. 
But  if  the  nobles  have  anything  against  the  ministerials, 
which  concerns  their  persons  or  their  allodial  holdings,  they 
shall  enter  suit  in  the  archbishop's  court  and  obtain  justice 
there. 

9.  No  archdeacon,  no  deacon,  and  no  parish  priest  shall 
exercise  ecclesiastical  authority  over  the  ministerials  of  St. 
Peter  or  excommunicate  them  for  anything  that  they  may  do, 
unless  they  seize  the  tithes  or  property  of  the  church.     If 
they  do  this  they  must  answer  for  it  in  the  court  of  the  priest 
in  whose  parish  they  have  committed  the  offence.     If  they 
do  anything  else  worthy  of  punishment,  the  chaplain  of  the 
archbishop  shall  punish  them   for  it.     The  day  after  the 
feast  of  St.  Peter  the  chaplain  shall  hold  a  synod  [an  eccle- 
siastical court]  in  the  old  house  of  the  archbishop  before  the 
chapel  of  St.  John,  and  he  shall  sit  in  the  stone  chair  which 
is  there.    And  all  the  ministerials  of  St.  Peter  shall  be  pres- 
ent to  answer  to  the  chaplain  as  to  their  spiritual  father  for 
all  the  faults  which  they  have  committed  in  person. 

10.  Every  ministerial  is  born  and  appointed  to  service 
in  a  certain   department  at   the  court  of   the   archbishop. 
There   are  five  of  these  departments.     In  them  only   the 
ministerials  of  St.  Peter  may  serve,  and  especially  the  oldest 
sons.     They  shall  serve  in  the  following  manner:  Each  one 
shall  serve  for  six  weeks  in  that  department  of  the  house- 
hold to  which  he  was  born.    After  one  has  served  six  weeks 
he  shall  go  home  and  another  shall  take  his  place.    If  any- 
one wishes  to  go  home  he  shall  come  into  the  presence  of  the 
archbishop  and  tell  him  that  his  six  weeks  are  ended  and 
shall  ask  him  for  permission  to  go  home.     If   the  arch- 


570    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

bishop  refuses  his  permission,  the  ministerial  shall  neverthe- 
less kiss  the  border  of  the  archbishop's  robe  and  go  home 
without  offending  the  archbishop.  But  if  the  archbishop  is 
not  willing  to  be  without  him  and  can  persuade  him  to  stay 
[that  is,  by  paying  him  in  some  way],  the  archbishop 
may  use  him  in  whatever  honorable  service  he  pleases,  but 
he  may  not  use  him  in  any  of  the  five  departments  until 
his  turn  of  six  weeks  comes  around  again. 

11.  Every  year  at  the  three  great  festivals,  Christmas, 
Easter,  and  St.  Peter's  day,  the  archbishop  shall  give  new 
clothing  to  thirty  of  his  knights.    At  Christmas,  because  it 
is  cold,  he  shall  give  each  one  of  the  thirty  a  variegated  fur 
overcoat  with  a  collar  made  of  marten  skins  and  with  a 
broad  border  of  deerskin,  and  a  fur  coat  with  a  broad  red 
collar  and  wide  sleeves.     At  Easter  and  on  St.  Peter's  day, 
because  it  is  then  hot,  he  shall  give  each  one  a  light  fur 
mantle  and  a  light  fur  coat.     If  he  does  not  wish  to  give 
these  clothes  he  shall  give  each  one  of  them  six  marks  to 
purchase  clothing.     The  five  officials  at  the  head  of  the  five 
departments  who  are  then  serving  their  six  weeks  at  the  arch- 
bishop's court  shall  receive  clothes,  and  the  archbishop  shall 
distribute  the  others  to  any  twenty-five  knights  that  he  may 
choose. 

12.  If  a  ministerial  dies  leaving  children,  his  oldest  son 
shall  receive  the  fief  which  his  father  held   [that  is,  if  he 
held  a  fief]   and  the  right  of  serving  in  that  department 
to  which  he  was  born  [that  is,  in  which  his  father  served]. 
If  there  is  a  second  son  who  is  a  knight,  but  so  poor  that  he 
must  serve,  he  shall  come  with  his  war-horse,  shield,  and 
lance,  to  the  court  of  the  archbishop  before  the  door  of  St. 
Peter's  church,  and  if  he  has  no  servant,  he  shall  dismount 
at  the  perforated  stone  which  lies  there,  and  run  his  lance 
through  the  hole  in  the  stone,  and  fix  his  reins  around  the 
lance,  and  lean  his  shield  against  the  stone.     And  all  these 
things  shall  be  secure  and  safe  there  under  the  protection  of 


No.  297]         SOCIAL  CLASSES  AND  CITIES  571 

the  archbishop  until  he  returns.  Then  he  shall  enter  the 
church  of  St.  Peter  to  pray.  After  his  prayer  he  shall  go 
into  the  house  of  the  archbishop,  and  standing  in  his  pres- 
ence he  shall  declare  that  he  is  a  knight  and  ministerial  of 
St.  Peter,  and  he  shall  offer  an  oath  of  fidelity  and  his 
services  to  the  archbishop.  If  the  archbishop  accepts  him 
into  his  court  and  family,  he  shall  serve  him  faithfully  for 
a  whole  year.  Then  the  archbishop  is  bound  to  give  him  a 
fief  and  he  shall  serve  the  archbishop  thereafter.  But  if  the 
archbishop  does  not  wish  him  and  will  not  take  him  into 
his  family,  he  shall  kneel  before  those  who  are  present  and 
kiss  the  hem  of  the  archbishop's  pallium.  Then  he  shall  go 
back  and  mount  his  horse,  and  he  may  go  wherever  he  wishes 
and  serve  whom  he  will.  If  his  new  lord  makes  war  on  the 
archbishop,  he  need  not  on  that  account  refuse  to  serve  him. 
If  the  archbishop  should  besiege  a  castle  in  which  he  [the 
knight]  is,  he  [the  knight]  shall  not  desert  or  leave  the 
castle,  but  he  shall  aid  his  new  lord  in  defending  his  castle 
as  well  as  he  can.  But  he  shall  never  ravage  the  territory 
of  the  archbishop  or  burn  the  houses  on  his  lands. 

Par.  3.  It  is  characteristic  of  the  codes  for  ministerial  that  the 
lord  punishes  them  by  "withdrawing  his  favor  from  them."  The 
serious  character  of  this  punishment  is  seen  from  par.  4. 

Par.  4.  A  white  rod,  i.e.,  one  stripped  of  its  bark,  had  a  symbolic 
meaning  which  is  preserved  in  the  German  expression,  "mit  einem 
weissen  Stock  gehen,"  that  is,  to  walk  with  a  white  cane  or  stick. 
It  means  that  the  one  who  carries  it  is  helpless  and  without  means. 
Thus  when  the  Hannoverians  were  defeated  in  the  battle  of  Langen- 
salza  in  1866,  and  had  to  surrender  their  arms,  they  cut  sticks  from 
the  woods,  stripped  them  of  their  bark,  and  went  home  with  "white 
canes." 

Par.  5.  The  archbishop  presided  over  the  court  in  which  cases  of 
the  ministerials  were  tried.  All  the  ministerials  were  the  judges, 
but  the  advocate  had  the  right  to  express  his  judgment  first.  After 
the  advocate  had  said  what  he  thought  the  decision  or  verdict  should 
be,  the  others  had  the  right  to  express  their  judgments  (see  sec- 
tion VII,  introductory  note). 


572    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

298.  THE  BISHOP  OF  HAMBURG  GRANTS  A  CHARTER  TO 
COLONISTS,  1106. 

Altmann  und  Bernheim,  no.  68. 

In  the  time  of  Karl  the  Great  the  Slavs  held  all  the  territory  east 
of  the  Elbe.  Karl  began  to  extend  the  frontiers  of  Germany  to  the 
east  by  making  war  on  these  Slavs,  a  policy  which  was  continued 
at  intervals  by  his  successors.  In  this  way  the  Slavs  were  slowly 
conquered,  Christianized,  and  Germanized.  Some  of  them  were  slain 
or  driven  out,  while  others  remained  on  their  lands,  submitted  to 
the  Germans,  and  were  eventually  absorbed  by  them.  The  waste 
lands  as  well  as  those  made  vacant  by  their  removal  were  occupied 
by  German  colonists.  This  charter  which  the  bishop  of  Hamburg 
gave  his  colonists  illustrates  the  terms  on  which  such  colonies  were 
established.  Since  the  lord  of  the  land  received  many  solid  advan- 
tages from  such  colonies,  it  is  not  strange  that  they  made  great 
efforts  to  induce  people  to  settle  on  their  lands. 

1.  In   the   name   of   the   holy   and    undivided    Trinity. 
Frederick,  by  the  grace  of  God  bishop  of  Hamburg,  to  all 
the  faithful  in  Christ,  gives  a  perpetual  benediction.     We 
wish  to  make  known  to  all  the  agreement  which  certain 
people  living  this  side  of  the  Rhine,  who  are  called  Hol- 
landers, have  made  with  us. 

2.  These  men  came  to  us  and  earnestly  begged  us  to 
grant  them  certain  lands  in  our  bishopric,  which  are  uncul- 
tivated, swampy,  and  useless  to  our  people.     We  have  con- 
sulted our  subjects  about  this   and,  considering  that  this 
would  be  profitable  to  us  and  to  our  successors,  have  granted 
their  request. 

3.  The  agreement  was  made  that  they   should   pay  us 
every  year  one  denarius  for  every  hide  of  land.     We  have 
thought  it  necessary  to   determine   the   dimensions   of  the 
hide,  in  order  that  no  quarrel  may  hereafter  arise  about  it. 
The  hide  shall  be  720  royal  rods  long  and  thirty  royal  rods 
wide.     We  also  grant  them  the  streams  which  flow  through 
this  land. 

4.  They  agreed  to  give  the  tithe  according  to  our  decree, 
that  is,  every  eleventh  sheaf  of  grain,  every  tenth  lamb,  every 


No.  299]         SOCIAL  CLASSES  AND  CITIES  573 

tenth  pig,  every  tenth  goat,  every  tenth  goose,  and  a  tenth 
of  the  honey  and  of  the  flax.  For  every  colt  they  shall  pay 
a  denarius  on  St.  Martin's  day  [Nov.  11],  and  for  every  calf 
an  obol  [penny]. 

5.  They  promised  to  obey  me  in  all  ecclesiastical  mat- 
ters according  to  the  decrees  of  the  holy  fathers,  the  canon- 
ical law,  and  the  practice  in  the  diocese  of  Utrecht. 

6.  They  agreed  to  pay  every  year  two  marks  for  every 
100  hides  for  the  privilege  of  holding  their  own  courts  for 
the  settlement  of  all  their  differences  about  secular  matters. 
They  did  this  because  they  feared  they  would  suffer  from  the 
injustice  of  foreign  judges.     If  they  cannot  settle  the  more 
important  cases  they  shall  refer  them  to  the  bishop.     And 
if  they  take  the  bishop  with  them  [that  is,  from  Hamburg 
to  the  colony]    for  the  purpose  of   deciding  one  of   their 
trials,  they  shall  provide  for  his  support  as  long  as  he  remains 
there  by  granting  him  one-third  of  all  the  fees  arising  from 
the  trial;  and  they  shall  keep  the  other  two-thirds. 

7.  We  have  given  them  permission  to   found  churches 
wherever  they  may  wish  on  these  lands.     For  the  support 
of  the  priests  who  shall  serve  God  in  these  churches  we  grant 
a  tithe  of  our  tithes  from  these  parish  churches.     They  prom- 
ised that  the  congregation  of  each  of  these  churches  should 
endow  their  church  with  a  hide  for  the  support  of  their 
priest.     The  names  of  the  men  who  made  this  agreement 
with  us  are:  Henry,  the  priest,  to  whom  we  have  granted 
the  aforesaid  churches  for  life;  and  the  others  are  laymen, 
Helikin,  Arnold,  Hiko,  Fordolt,  and  Keferic.     To  them  and 
to  their  heirs  after  them  we  have  granted  the  aforesaid  land 
according  to   the   secular  laws  and  to   the   terms  of   this 
agreement. 

299.    THE  PRIVILEGE  OF  FREDERICK  I  FOR  THE  JEWS, 
1157. 

M.  G.  LL.  4to,  IV,  1,  pp.  227  ff;  Altmann  und  Bernheim,  no.  71. 

The  position  of  the  Jew  in  the  Middle  Age  was  a  peculiar  one. 


574    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

The  law  of  the  state  did  not  in  any  way  recognize  him  as  a  citizen. 
But  he  was  classed  along  with  the  right  to  coin  money,  levy  tolls, 
appoint  officials,  administer  justice,  etc.,  as  a  regale,  or  a  crown 
right;  that  is,  his  existence  in  Germany  depended  on  the  will  of 
the  king.  As  no  mint  could  be  established  without  the  king's  con- 
sent, so  no  Jews  could  live  anywhere  in  the  realm  without  the  king's 
permission.  The  city  which  wished  to  permit  Jews  to  live  within 
its  walls  had  first  to  secure  the  permission  of  the  king.  The  Jews 
were  made  to  pay  well  for  the  bare  right  to  exist.  They  were  subject 
to  the  king's  taxation  and  hence  were  said  to  belong  to  the  king's 
treasury.  In  theory  they  were  under  the  king's  protection,  but  that 
did  not  preserve  them  from  mob  violence.  This  document  shows  that 
while  their  position  was  anomalous,  they  nevertheless  received  liberal 
charters  from  the  king. 

In  the  name  of  the  holy  and  undivided  Trinity.  Fred- 
erick, by  the  grace  of  God  emperor  of  the  Romans,  Augustus. 
Be  it  known  to  all  bishops,  abbots,  dukes,  counts,  and  all 
others  subject  to  our  laws,  that  we  have  confirmed  by  our 
royal  authority,  expressed  in  the  present  law,  the  statutes  in 
favor  of  the  Jews  of  Worms  and  their  fellow-religionists 
which  were  granted  to  them  by  our  predecessor  emperor 
Henry,  in  the  time  of  Solomon,  rabbi  of  the  Jews. 

1.  In  order  that  they  may  always  look  to  us  for  justice, 
we  command  by  our  royal  authority  that  no  bishop  or  his 
official,  and  no  count,  Schultlieiss,  or  other  official  except 
those  whom  they  choose  from  among  their  own  number,  shall 
exercise  any  authority  over  them.     The  only  official  who  may 
exercise  such  authority  is  the  man  whom  the  emperor  puts 
over  them  in  accordance  with  their  choice,  because  they  are 
entirely  under  the  control  of  our  treasury. 

2.  No  one  shall  take  from  them  any  property  which  they 
hold  by  hereditary  right,  such  as  building  sites,  gardens, 
vineyards,  fields,  slaves,  or  any  other  movable  or  immovable 
property.     No  one  shall  interfere  with  their  right  to  erect 
buildings  against  the  walls  of  the  city,  on  the  inside  or  out- 
side.    If  anyone  molests  them  contrary  to  our  edict  he  shall 


No.  299]         SOCIAL   CLASSES  AND   CITIES  575 

forfeit  our  grace  and  shall  restore  twofold  whatever  he  took 
from  them. 

3.  They  shall  have  free  right  to  change  money  with  all 
men  anywhere  in  the  city  except  at  the  mint  or  where  the 
officials  of  the  mint  have  established  places  for   changing 
money. 

4.  They  shall  travel  in  peace  and  security  throughout 
the  whole  kingdom  for  the  purpose  of  buying  and  selling  and 
carrying  on  trade  and  business.     No  one  shall  exact  any  toll 
from  them  or  require  them  to  "pay  any  other   public   or 
private  tax. 

5.  Guests  may  not  quarter  themselves  on  the  Jews  against 
their  will.     No  one  shall  seize  one  of  their  horses  for  the 
journey  of  the  king  or  the  bishop,  or  for  the  royal  expe- 
dition. 

6.  If  any  stolen  property  is  found  in  the  possession  of  a 
Jew,  and  he  says  that  he  bought  it,  he  shall  say  under  oath 
according  to  Jewish  law  how  much  he  paid  for  it,  and  he 
shall  restore  it  to  its  owner  on  receipt  of  that  amount. 

7.  No  one  shall  baptize  the  children  of  Jews  against 
their  will.     If  anyone  captures  or  seizes  a  Jew  and  baptizes 
him  by  force,  he  shall  pay  twelve  pounds  of  gold  to  the  royal 
treasury.    If  a  Jew  expresses  a  wish  to  be  baptized,  he  shall 
be  made  to  wait  three  days,  in  order  to  discover  whether  he 
abandons  his  own  law  because  of  his  belief  in  Christianity, 
or  because  of  illegal  pressure;  and  if  he  thus  relinquishes  his 
law,  he  shall  also  relinquish  his  right  to  inheritance. 

8.  No  one  shall  entice  away  from  them  any  of  their  pagan 
slaves  under  pretext  of  baptizing  them  into  the  Christian 
faith.     If  anyone  does  this,  he  shall  pay  the  ban,  that  is, 
three  pounds  of  gold,  and  shall  restore  the  slave  to  his  owner ; 
the  slave  shall  obey  all  the  commands  of  his  owner,  except 
those  that  are  contrary  to  his  Christian  faith. 

9.  Jews  may  have  Christian  maid-servants  and  nurses, 


576    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

and  may  employ  Christian  men  to  work  for  them,  except  on 
feast  days  and  Sundays;  no  bishop  or  other  clergyman  shall 
forbid  this. 

10.  No  Jew  may  own  a  Christian  slave. 

11.  If  a  Jew  brings  suit  against  a  Christian  or  a  Chris- 
tian against  a  Jew,  each  party  shall  follow  the  process  of  his 
own  law  as  far  as  possible.     The  Jew  has  the  same  right  as 
the  Christian  to  prove  his,  case  and  to  release  his  sureties  by 
his  oath  and  the  oath  of  another  person  of  either  law  [i.e., 
Christian  or  Jew]. 

12.  No  one  may  force  a  Jew  to  undergo  the  ordeal  of 
hot  iron,  hot  water,  or  cold  water,  or  have  him  beaten  with 
rods  or  thrown  into  prison,  but  he  shall  be  tried  according 
to  his  own  law  after  forty  days.     In  a  case  between  a  Chris- 
tian and  a  Jew,  the  defendant  cannot  be  convicted  except  by 
the  testimony  of  both  Christians  and  Jews.     If  a  Jew  appeals 
to  the  royal  court  in  any  case,  he  must  be  given  time  to  pre- 
sent his  case  there.     If  anyone  molests  a  Jew  contrary  to 
this  edict,  he  shall  pay  the  imperial  ban  of  three  pounds  to 
the  emperor. 

13.  If  anyone  takes  part  in  a  plan  or  plot  to  kill  a  Jew, 
both  the  slayer  and  his  accomplice  shall  pay  twelve  pounds 
of  gold  to  the  royal  treasury.     If  he  wounds  him  without 
killing  him,  he  shall  pay  one  pound.     If  it  is  a  serf  who  has. 
wounded  or  slain  the  Jew,  the  lord  of  the  serf  shall  either 
pay  the  fine  or  surrender  the  serf  to  punishment.     If  the 
serf  is  too  poor  to  pay  the  fine,  he  shall  suffer  the  penalty 
which  was  visited  upon  the  serf  who  in  the  time  of  our 
predecessor,  emperor  Henry,   slew  the   Jew  named  Vivus; 
namely,  his  eyes  shall  be  torn  out  and  his  right  hand  cut  off. 

14.  If  the  Jews  have  any  suit  or  any  matter  to  be  settled 
among  themselves,  it  shall  be  tried  by  their  peers  and  by  no 
others.     If  any  Jew  refuses  to  tell  the  truth  in  any  case 
which  arises  among  the  Jews,  he  shall  be  forced  to  confess 
the  truth  by  his  own  rabbi.     But  if  a  Jew  has  been  accused 


No.  300]         SOCIAL  CLASSES  AND  CITIES  577 

of  a  serious  crime,  he  shall  be  allowed  to  appeal  to  the 
emperor,  if  he  wishes  to. 

15.  Besides  their  wine,  they  shall  have  the  right  to  sell 
spices  and  medicines  to  the  Christians.  As  we  have  com- 
manded, no  one  may  force  them  to  furnish  horses  for  the 
expedition  of  the  emperor,  or  to  pay  any  other  public  or 
private  tax. 

300.  THE  BISHOP  OF  SPEYER  GIVES  THE  JEWS  OF  His 
CITY  A  CHARTER,  1084. 

Altmann  und  Bernheim,  no.  66. 

As  the  king  granted  the  princes  the  right  to  coin  money  and  other 
regalian  rights,  so  he  also  gave  them  the  permission  to  establish 
Jews  in  their  territories  or  cities.  This  charter  which  the  bishop  of 
Speyer  gave  the  Jews  of  his  city,  presents  some  interesting  details 
concerning  their  quarter  in  the  city,  their  way  of  living,  occupa- 
tions, etc. 

1.  In  the  name  of  the  holy  and  undivided  Trinity.  I, 
Rudeger,  by  cognomen  Huozman,  humble  bishop  of  Speyer, 
when  I  wished  to  make  a  city  of  my  village  of  Speyer,  thought 
that  it  would  greatly  add  to  its  honor  if  I  should  establish 
some  Jews  in  it.  I  have  therefore  collected  some  Jews  and 
located  them  in  a  place  apart  from  the  dwellings  and  associa- 
tion of  the  other  inhabitants  of  the  city ;  and  that  they  may 
be  protected  from  the  attacks  and  violence  of  the  mob,  I  have 
surrounded  their  quarter  with  a  wall.  The  land  for  their 
dwellings  I  had  acquired  in  a  legal  way;  for  the  hill  [on 
which  they  are  to  live]  I  secured  partly  by  purchase  and 
partly  by  trade,  and  the  valley  [which  I  have  given  them]  I 
received  as  a  gift  from  the  heirs  who  possessed  it.  I  have 
given  them  this  hill  and  valley  on  condition  that  they  pay 
every  year  three  and  one-half  pounds  of  money  coined  in 
the  mint  of  Speyer,  for  the  use  of  the  brothers  [monks  of 
some  monastery  which  is  not  named  here]. 

2  I  have  given  them  the  free  right  of  changing  gold  and 
silver  coins  and  of  buying  and  selling  everything  they  wish 


578    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

within  their  own  walls  and  outside  the  gate  clear  up  to  the 
boat-landing  [on  the  Rhine]  and  also  on  the  wharf  itself. 
And  they  have  the  same  right  throughout  the  whole  city. 

3.  Besides,  I  have  given  them  a  piece  of  the  land  of  the 
church  as  a  burial-ground.     This  land  they  shall  hold  for- 
ever. 

4.  I  have  also  granted  that,  if  a  Jew  comes  to  them  from 
some  other  place  and  is  their  guest  for  a  time,  he  shall  pay 
no  tolls  [to  the  city]. 

5.  The  chief  priest  of  their  synagogue  shall  have  the 
same  position  and  authority  among  them  as  the  mayor  of 
the  city  has  among  the  citizens.     He  shall  judge  all  the  cases 
which  arise  among  them  or  against  them.     If  he  is  not  able 
to  decide  any  case  it  shall  be  taken  before  the  bishop  or  his 
chamberlain. 

6.  They  are  bound  to  watch,  guard,  and  defend  only  their 
own  walls,  in  which  work  their  servants  may  assist  them. 

7.  They  may  hire  Christian  nurses  and  Christian  ser- 
vants. 

8.  The  meats  which  their  law  forbids  them  to  eat  they 
may  sell  to  Christians,  and  the  Christians  may  buy  them. 

9.  To  add  to  my  kindness  to  them  I  grant  them  the  most 
favorable  laws  and  conditions  that  the  Jews  have  in  any  city 
of  the  German  kingdom.     .     .     . 

301-325.    THE  CITIES  or  GERMANY. 

In  the  days  of  Karl  the  Great  each  city  with  the  surrounding  terri- 
tory formed  a  county  which  was  under  the  jurisdiction  of  a  count. 
As  feudalism  developed,  the  count  became  the  lord  of  the  city,  and 
governed  it  in  a  more  or  less  autocratic  way.  Besides  these  cities 
there  were  many  villages  in  the  time  of  Karl  which  in  the  course 
of  time  grew  into  cities.  Later,  still  other  cities,  arose,  some  growing 
up  around  markets,  or  monasteries,  or  churches,  and  others  develop- 
ing from  settlements  of  colonists,  etc.  They  grew  under  favorable 
circumstances  into  cities,  over  which,  however,  the  lord  still  retained 
his  control.  But  in  the  course  of  time  the  cities  freed  themselves 
from  the  jurisdiction  of  their  lord  and  separated  themselves  from  the 


No.  301]        SOCIAL  CLASSES  AND  CITIES  579 

surrounding  territory.  They  acquired  a  set  of  laws  for  their  govern- 
ment, and  jurisdiction  over  themselves.  The  citizens  of  each  city 
became  a  commune  possessing  a  number  of  rights,  among  them  the 
right  to  have  a  market,  freedom  from  tolls,  the  election  of  their  own 
officials,  judges,  etc.,  the  right  to  levy  their  own  taxes,  to  coin  money, 
to  fortify  their  city,  etc.  In  a  word,  each  city  freed  itself  from  the 
government  of  its  lord  and  got  the  right  to  govern  itself. 

The  city  charter  was,  in  many  cases  at  least,  developed  from  the 
market  charter.  On  this  account  we  give  a  few  market  charters. 
Then  a  few  documents  are  given  to  illustrate  the  rebellion  of  the 
cities  against  their  lords,  and  their  acquisition  of  municipal  rights. 
We  offer  the  important  charter  of  Magdeburg,  and  some  documents 
concerning  the  origin  of  the  Rhine  league  and  the  early  history  of 
the  Hanseatic  league. 

The  development  in  the  German  cities  was  so  varied  that  it  is 
quite  impossible  in  the  space  at  our  disposal  to  illustrate  it  ade- 
quately. Nearly  every  city  offers  something  peculiar,  interesting, 
and  worthy  of  note. 

301.  LOTHAE  II  (855-69)  GRANTS  A  MARKET  TO  THE 
MONASTERY  OF  PRUM,  861. 

Altmann  und  Bernheim,  no.  150. 

Markets  were  a  part  of  the  regalia;  that  is,  no  one  had  a  right 
to  set  up  a  market  without  the  king's  permission.  Small  coins  were 
necessary  for  the  convenience  of  those  who  came  to  the  market,  and 
hence  the  lord  of  the  market  always  received  the  right  to  establish 
a  mint  in  connection  with  his  market.  In  order  to  insure  justice 
and  fair  treatment  to  the  merchants  who  might  bring  their  wares 
to  the  market,  it  was  separated  from  the  local  jurisdiction,  and  the 
lord  of  the  market  was  given  jurisdiction  over  all  crimes  committed 
during  the  market  and  on  the  ground  occupied  by  it.  A  further 
interest  attaches  to  the  charters  of  markets  because  in  some  cases 
the  towns  which  grew  up  about  the  market-places  became  cities, 
and  the  market  charter  was  developed  into  the  city  charter. 

Lothar  II,  etc.  .  .  .  Therefore,  let  all  our  faithful 
subjects,  both  present  and  future,  know  that  Ansbald,  abbot 
of  the  monastery  of  Priim,  has  told  us  that  that  place  suffers 
great  disadvantage  because  it  is  so  far  distant  from  a  market 
and  mint.  On  this  account,  he  begged  us  to  grant  his  monas- 
tery our  permission  for  the  establishment  of  a  market  and 


580    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

mint  in  a  place  which  is  called  Komarivilla,  which  is  not  far 
from  his  monastery.  Out  of  reverence  for  the  Lord  Jesus 
Christ,  and  for  the  salvation  of  our  soul,  we  gladly  grant  his 
petition,  and  have  ordered  this  document  to  be  written,  by 
which  we  decree  and  command  that  hereafter  that  monastery 
may  have  an  ordinary  market  in  the  above-named  place  and 
a  mint  for  coining  denarii  of  the  proper  weight  and  quality. 
And  no  public  official  shall  levy  a  tax  of  any  sort  on  the 
monastery  for  this  market  and  mint,  but  they  shall  be  wholly 
for  the  profit  of  the  monastery  and  its  inmates.  And  that 
this  concession  may  never  be  violated,  we  have  ordered  it  to 
be  sealed  with  our  ring  and  we  have  signed  it  with  our  own 
hand.  .  .  . 

302.     OTTO  I  GRANTS  A  MARKET  TO  AN  ARCHBISHOP,  965. 

Altmann  und  Bernheim,  no.  154. 
See  introductory  note  to  no.  301. 

In  the  name  of  the  undivided  Trinity.  Otto  by  the  favor 
of  God  emperor,  Augustus.  If  we  grant  the  requests  of 
clergymen  and  liberally  endow  the  places  which  are  dedicated 
to  the  worship  of  God,  we  believe  that  it  will  undoubtedly 
assist  in  securing  for  us  the  eternal  reward.  Therefore,  let 
all  know  that  for  the  love  of  God  we  have  granted  the  petition 
of  Adaldagus,  the  reverend  archbishop  of  Hamburg,  and 
have  given  him  permission  to  establish  a  market  in  the  place 
called  Bremen.  In  connection  with  the  market  we  grant 
him  jurisdiction,  tolls,  a  mint,  and  all  other  things  con- 
nected therewith  to  which  our  royal  treasury  would  have  a 
right.  We  also  take  under  our  special  protection  all  the 
merchants  who  live  in  that  place,  and  grant  them  the  same 
protection  and  rights  as  those  merchants  have  who  live  in 
other  royal  cities.  And  no  one  shall  have  any  jurisdiction 
there  except  the  aforesaid  archbishop  and  those  to  whom  he 
may  delegate  it.  Signed  with  our  hand  and  sealed  with  our 
ring. 


No.  304]         SOCIAL  CLASSES  AND   CITIES  581 

303.  OTTO  III  GRANTS  A  MARKED  TO  COUNT  BERTOLD, 
999. 

Altmann  und  Bernheim,  no.  155. 
See  introductory  note  to  no.  301. 

In  the  name  of  the  holy  and  undivided  Trinity.  Otto  by  the 
clemency  of  God  emperor,  Augustus.  If  we  grant  the  peti- 
tions of  our  faithful  subjects  we  shall  no  doubt  make  them 
more  faithful  to  us.  Therefore,  we  wish  all  our  subjects, 
present  and  future,  to  know  that,  at  the  request  of  the  noble 
duke,  Hermann,  we  have  given  our  count,  Bertold,  full 
authority  to  establish  a  market,  with  a  mint,  tolls,  and  public 
jurisdiction,  in  a  certain  place  called  Vilungen,  in  the  county 
of  Bara,  over  which  count  Hildibald  has  jurisdiction.  And 
by  royal  decree  we  make  this  a  legal  [and  regular]  market, 
with  all  the  functions  of  a  market.  And  no  one  shall  be 
permitted  to  interfere  with  it.  All  who  wish  to  come  to  this 
market  may  come  and  go  away  in  security  and  peace.  No 
unjust  charges  shall  be  levied  on  them,  but  they  may  buy 
and  sell  and  do  everything  else  that  belongs  to  the  business 
of  a  merchant.  And  if  anyone  tries  to  violate  or  break  this 
concession,  he  shall  pay  the  same  fine  as  one  who  should 
violate  the  market  at  Constance,  or  Zurich.  He  shall  pay 
this  fine  to  count  Bertold,  or  to  his  representative.  The 
aforesaid  count  shall  have  the  right  of  holding,  changing, 
granting,  and  making  any  arrangement  in  regard  to  this 
market,  as  he  pleases.  .  .  . 

304.  No  ONE  SHALL  COMPEL  MERCHANTS  TO  COME  TO 
His  MARKET,  1236. 

M.  G.  LL.  4to,  IV,  2,  no.  203. 

See  introductory  note  to  no.  301. 

Frederick  [II],  etc.  .  .  .  The  venerable  archbishop  of 
Salzburg  asked:  When  merchants  are  going  along  the  public 
highway  to  a  market,  may  anyone  force  them  to  leave  the 
highway  and  go  by  private  roads  to  his  market?  The  deci- 


582    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

sion  of  the  princes  was,  that  no  one  has  a  right  to  compel 
merchants  to  leave  the  highway,  but  that  they  may  go  to 
whatever  market  they  wish.  .  .  . 

305.  A  MARKET-COURT  is  INDEPENDENT  OF  THE  LOCAL 
COURT,  1218. 

Alt  maim  und  Bernheim,  no.  164. 
See  introductory  note  to  no.  301. 

Frederick  II,  by  the  grace  of  God  king  of  the  Romans, 
Augustus,  and  king  of  Sicily,  etc.  We  wish  to  inform  you 
that  the  following  decision  has  been  rendered  in  our  presence 
by  the  princes  and  magnates  of  our  empire.  If  we  have 
granted  the  establishment  of  a  market,  either  annual  or 
weekly,  and  have  given  them  [that  is,  the  people  to  whom 
the  market  has  been  granted]  our  glove  [as  a  symbol  that 
they  have  jurisdiction  over  all  offences  committed  during 
the  market],  no  count  nor  any  other  judge  of  the  province 
[in  which  the  market  is  situated]  shall  exercise  any  jurisdic- 
tion there  [that  is,  over  crimes  committed  during  the  mar- 
ket], or  have  any  power  to  punish  crimes  committed  there. 
But  if  a  thief,  or  robber,  or  any  other  criminal  shall  have 
been  condemned  to  death  there  [that  is,  by  the  judge  who 
holds  the  market-court]  he  must  he  handed  over  to  the  count 
or  to  the  judge  of  the  province  to  have  the  sentence  executed 
upon  him. 

306.  OTTO  I  GRANTS  JURISDICTION  OVER  A  TOWN  TO  THE 
ABBOTS  OF  NEW  CORVEY,  940. 

Altmann  und  Bernheim,  no.  152. 

For  about  300  years  after  the  time  of  Karl  the  Great  the  cities 
of  Germany  did  not  have  self-government.  Under  Karl  they  were 
governed  by  an  imperial  or  royal  official.  With  the  appearance  and 
growth  of  feudalism,  the  towns  came  into  the  hands  of  the  bishops, 
dukes,  counts,  etc.,  and  were  governed  by  them. 

Frequently  new  towns  grew  up  about  monasteries  or  the  churches, 
especially  cathedral  churches.  As  the  land  on  which  the  town  was 
built  belonged  to  the  abbot  or  bishop,  as  the  case  might  be,  he  was 


No.  307]        SOCIAL  CLASSES  AND  CITIES  583 

naturally  regarded  as  its  lord,  and  of  course  he  had  jurisdiction  over 
all  its  inhabitants.  It  is  apparent  that  such  a  new  town  had  sprung 
up  around  the  monastery  of  New  Corvey,  and  by  this  document  Otto  I 
recognized  that  its  abbot  had  jurisdiction  over  all  the  people  who 
lived  on  the  lands  of  the  monastery. 

Otto  I,  etc.  .  .  .  Therefore,  let  all  our  subjects,  both 
present  and  future,  know  that,  for  the  love  of  God,  the  salva- 
tion of  our  souls,  and  the  forgiveness  of  our  sins,  at  the 
request  of  our  beloved  wife,  we  have  granted  that  all  the 
abbots  of  the  monastery  of  New  Corvey,1  beginning  with 
Folkmar,  who  is  now  its  abbot,  shall  have  jurisdiction  over 
all  the  men  who  live  in  the  territory  of  the  monastery  and 
in  the  city  which  has  been  built  up  about  it,  that  is,  in,  etc. 
[Here  follow  the  names  of  the  places  over  which  the  monas- 
tery shall  have  jurisdiction.]  And  no  man  and  no  official 
shall  have  the  right  of  exercising  over  the  aforesaid  men  that 
jurisdiction  which  is  commonly  called  "Burgbann"  [that  is, 
the  jurisdiction  that  goes  with  a  town],  except  the  abbot  of 
the  monastery  and  those  to  whom  he  may  delegate  it. 

1  New  Corvey,  near  Paderborn,  was  founded  in  816,  for  the  purpose 
of  Christianizing  the  newly  conquered  Saxons.  It  was  named  after  its 
mother  monastery,  Corbie,  in  France.  It  was  for  a  long  time  the 
most  famous  monastery  in  north  Germany. 

307.  THE  BAN-MILE,  OR  THE  LIMITS  OP  THE  BISHOP'S 
AUTHORITY,  1237. 

M.  G.  LL.  4to,  IV,  2,  no.  205. 

There  was  often  a  question  as  to  the  geographical  limits  of  the 
jurisdiction  of  the  lord  of  a  town.  In  some  cases  his  authority  was 
bounded  by  the  city  walls.  In  others  it  extended  into  the  country 
to  a  certain  distance  called  a  ban-league,  or  ban-mile. 

Frederick  II,  etc.  The  archbishop  of  Cologne  asked 
whether  his  jurisdiction  extended  beyond  the  city  walls  or 
not.  The  decision  was  that  his  jurisdiction  extends  beyond 
the  city  walls  to  the  distance  which  is  generally  called  a 
"ban-mile,"  and  within  that  he  may  legally  sit  in  judgment 
on  all  the  men  who  are  under  his  jurisdiction. 


584    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

308.  THE  CITIZENS  OF  COLOGNE  EXPEL  THEIR  ARCH- 
BISHOP, 1074. 

Sudendorf,  Registrum,  I,  no.  3. 

The  chief  interest  in  this  and  the  following  number  lies  in  the 
fact  that  they  introduce  us  to  the  beginnings  of  the  movement  in  the 
cities  toward  the  acquisition  of  self-government.  As  the  inhabitants 
of  the  towns  increased  in  numbers  and  wealth,  they  began  to  resent 
the  manner  in  which  they  were  treated  by  their  lords.  As  their 
own  interests  increased  in  importance  it  became  more  and  more 
annoying  and  exasperating  when  their  lord  interfered  with  their 
business  and  demanded  their  services  or  the  use  of  articles  which 
they  were  using  (see  the  following  number).  A  rebellion  was  inevita- 
ble. It  began  generally,  if  not  always,  with  the  merchant  class  of  the 
population.  The  lords  of  the  towns  vigorously  resisted,  but  were  un- 
able to  maintain  their  prerogatives.  The  cities  generally  succeeded  in 
acquiring  the  right  to  govern  themselves  and  obtained  a  charter  to 
that  effect. 

The  citizens  of  Worms  had  been  offended  by  their  bishop,  not  only 
because  of  his  government  of  them,  but  also  because  he  was  supporting 
the  pope  against  their  king,  to  whom  they  were  devotedly  attached. 

To  his  beloved  brother  and  fellow  bishop,  Udo,  archbishop 
[of  Trier],  Anno,  archbishop  of  Cologne,  sends  his  love, 
etc.  .  .  .  You  have  no  doubt  heard  about  the  violence 
and  insults  which  I  have  suffered  from  my  citizens,  although 
I  have  said  nothing  about  the  matter  in  my  letters  to  you. 
And  you  have  also  probably  heard  how  I  was  restored  to  my 
place  in  the  city  by  the  help  of  others.  According  to  the 
canon  law,  I  should  immediately  have  punished  their  abom- 
inable insolence  with  excommunication  and  interdict,  but  I 
restrained  myself  from  doing  so,  because  it  might  have 
seemed  that  I  did  it  not  out  of  zeal  for  the  Lord,  but  for 
personal  reasons.  But  some  of  the  insolent  ones  disregarded 
and  despised  my  gentle  treatment  of  them,  and  at  night 
secretly  collected  and  threatened  me  with  worse  things  than 
they  had  done  before.  On  this  account,  with  the  advice  of 
the  bishops  whom  the  pope  sent  me,  I  anathematized  them 
a  week  after  Pentecost.  I  beg  you  to  publish  this  anathema 


No.  309]         SOCIAL   CLASSES  AND   CITIES  585 

in  your  diocese.  Do  not  permit  your  people  to  be  infected 
with  the  leprosy  of  these  excommunicated  persons,  but  keep 
them  out  of  your  territory,  lest  by  their  speech  they  excite 
your  people  to  do  the  same  things  against  you.  I  beg  you 
to  inform  your  bishops  of  this,  in  order  that  my  contaminated 
flock  may  not  infect  theirs  also. 

309.  THE  PEOPLE  OF  COLOGNE  REBEL  AGAINST  THEIR 
ARCHBISHOP,  1074. 

Lambert  of  Hersfeld.  Annals,  M.  G.  SS.  folio,  V,  211  ff. 
See  introductory  note  to  no.  308. 

The  archbishop  spent  Easter  in  Cologne  with  Irs  friend, 
the  bishop  of  Miinster,  whom  he  had  invited  to  celebrate 
this  festival  with  him.  When  the  bishop  was  ready  to  go 
home,  the  archbishop  ordered  his  servants  to  get  a  suitable 
boat  ready  for  him.  They  looked  all  about,  and  finally 
found  a  good  boat  which  belonged  to  a  rich  merchant  of.  the 
city,  and  demanded  it  for  the  archbishop's  use.  They 
ordered  it  to  be  got  ready  at  once  and  threw  out  all  the 
merchandise  with  which  it  was  loaded.  The  merchant's 
servants,  who  had  charge  of  the  boat,  resisted,  but  the  arch- 
bishop's men  threatened  them  with  violence  unless  they 
immediately  obeyed.  The  merchant's  servants  hastily  ran  to 
their  lord  and  told  him  what  had  happened  to  the  boat,  and 
asked  him  what  they  should  do.  The  merchant  had  a  son 
who  was  both  bold  and  strong.  He  was  related  to  the  great 
families  of  the  city,  and,  because  of  his  character,  very  popu- 
lar. He  hastily  collected  his  servants  and  as  many  of  the 
young  men  of  the  city  as  he  could,  rushed  to  the  boat,  ordered 
the  servants  of  the  archbishop  to  get  out  of  it,  and  violently 
ejected  them  from  it.  The  advocate  of  the  city  was  called 
in,  but  his  arrival  only  increased  the  tumult,  and  the  mer- 
chant's son  drove  him  off  and  put  him  to  flight.  The  friends 
of  both  parties  seized  their  arms  and  came  to  their  aid,  and 
it  looked  as  if  there  were  going  to  be  a  great  battle  fought 


586    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

in  the  city.  The  news  of  the  struggle  was  carried  to  the 
archbishop,  who  immediately  sent  men  to  quell  the  riot,  and 
being  very  angry,  he  threatened  the  rebellious  young  men 
with  dire  punishment  in  the  next  session  of  court.  Now 
the  archbishop  was  endowed  with  all  virtues,  and  his  up- 
rightness in  all  matters,  both  of  the  state  and  of  the  church, 
had  often  been  proved.  But  he  had  one  vice.  When  he 
became  angry,  he  could  not  control  his  tongue,  but  over- 
whelmed everybody,  without  distinction,  with  bitter  upbraid- 
ings  and  violent  vituperation.  When  his  anger  had  passed, 
he  regretted  his  fault  and  reproached  himself  for  it.  The 
riot  in  the  city  was  finally  quieted  a  little,  but  the  young 
man,  who  was  very  angry  as  well  as  elated  over  his  first  suc- 
cess, kept  on  making  all  the  disturbance  he  could.  He  went 
about  the  city  making  speeches  to  the  people  about  the  harsh 
government  of  the  archbishop,  and  accused  him  of  laying 
unjust  burdens  on  the  people,  of  depriving  innocent  persons 
of  their  property,  and  of  insulting  honorable  citizens  with 
his  violent  and  offensive  words.  ...  It  was  not  difficult 
for  him  to  raise  a  mob.  .  .  .  Besides,  they  all  regarded 
it  as  a  great  and  glorious  deed  on  the  part  of  the  people  of 
Worms  that  they  had  driven  out  their  bishop  because  he  was 
governing  them  too  rigidly.  And  since  they  were  more 
numerous  and  wealthy  than  the  people  of  Worms,  and  had 
arms,  they  disliked  to  have  it  thought  that  they  were  not 
equal  to  the  people  of  Worms  in  courage,  and  it  seemed 
to  them  a  disgrace  to  submit  like  women  to  the  rule  of 
the  archbishop,  who  was  governing  them  in  a  tyrannical 
manner.  .  .  . 

310.  CONFIRMATION-  OF  THE  IMMEDIATENESS  OF  THE 
CITIZENS  OF  SPEYER,  1267. 

Altmann  und  Bemheim,  no.  168. 

Cities  which  were  immediately  subject  to  the  king  were  called 
"imperial  cities"  ( Reichsstadte ) ,  while  those  which  were  subject  to 
the  lord  of  the  land  in  which  they  were  situated  were  called  "terri- 


No.  312]         SOCIAL   CLASSES  AND   CITIES  587 

torial  cities"  ( Landesstadte ) .  Many  such  cities  rebelled  against 
their  lord,  and  put  themselves  under  the  king  and  secured  his  recog- 
nition of  their  character  as  imperial  cities. 

Philip,  lord  of  Falkenstein,  treasurer  of  the  imperial  court. 
By  this  present  writing  we  wish  to  make  known  and  publicly 
to  declare  that  the  citizens  of  the  city  of  Speyer  are  joined 
directly  to  the  empire  so  that  they  are  in  no  way  answerable 
to  the  bishop  of  Speyer  [in  secular  matters].  This  is  mani- 
fest and  well  known  to  all.  .  .  . 

311.  SUMMONS  SENT  TO  AN  IMPERIAL  CITY  TO  ATTEND 
A  DIET,  1338. 

Urkundenbuch  der  Stadt  Lubeck,  II,  2,  p.  629  ;  Altmann  und  Bernheim,  no.  23. 

An  imperial  city  was  in  fact  a  tenant-in-chief  since  it  held  directly 
from  the  king.  It  therefore  had  a  right  to  send  its  representatives 
to  the  diet. 

Ludwig,  etc.  Because  of  certain  important  affairs  of  the 
empire,  especially  the  controversy  which  has  arisen  between 
us  and  the  pope,  we  have  decided  to  summon  the  ecclesiastical 
and  secular  princes,  the  counts,  barons,  cities,  and  communi- 
ties of  the  empire;  therefore,  we  notify  and  command  you, 
in  whose  fidelity,  wisdom,  and  advice  we  place  special  confi- 
dence, to  send  two  representatives  with  full  credentials  to 
Frankfort  on  the  Tuesday  before  St.  Laurence's  day  [Aug. 
10],  there  to  meet  with  us,  and  the  princes,  counts,  and  other 
cities.  Do  not  seek  to  evade  this  summons,  but  obey  it 
readily  and  willingly,  if  you  expect  to  receive  our  grace  and 
favor. 

312.  MUNICIPAL    FREEDOM    is    GIVEN    TO    THE    TOWN 
CALLED  EBENBUCHHOLTZ,  1201. 

Altmann  und  Bernheim,  no.  163. 

This  is  a  good  example  of  the  charters  by  which  the  lord  of  the 
town  surrendered  his  authority  and  granted  municipal  freedom  to 
the  people  of  the  town. 

In  the  name  of  the  holy  and  undivided  Trinity.    Hermann, 


588    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

by  the  grace  of  God  bishop  of  Miinster.  Because  temporal 
things  imitate  time  and  pass  away  with  it,  we  have  thought 
it  best  to  commit  to  writing  those  things  which  concern  our 
honor  and  advantage.  Let  all  people  know,  therefore,  that 
we  have  granted  to  our  village,  Ebenbuchholtz,  that  munici- 
pal freedom  which  is  commonly  called  "Weiclibild."  But 
because  that  could  not  be  done  without  the  consent  of  Sueder 
of  Dingden,  to  whose  county  the  aforesaid  village  belonged, 
we  made  this  agreement  with  him,  that  he  should  give  up  his 
right  to  the  "Weiclibild"  [that  is,  to  the  government  of  the 
town,  the  appointment  of  the  officials,  etc.]  and  he  should 
receive  in  return  for  it  civil  jurisdiction  over  the  town,  such 
as  he  has  over  our  cities,  Minister,  Coesfeld,  and  others. 
And  that  these  agreements  and  arrangements  may  remain 
unbroken  forever,  we  have  caused  this  document  to  be  written 
and  sealed  with  our  ring.  .  .  . 

313.  THE  EXTENSION  or  THE  CORPORATE  LIMITS  or  THE 
CITY  OF  BRUNSWICK,  1269. 

Altmann  und  Bernheim,  no.  169. 

After  a  town  had  got  its  municipal  freedom  new  quarters  of  suburbs 
might  easily  spring  up  about  it.  These  might  at  first  have  no  share 
in  the  government  of  the  town,  but  would  manage  their  own  affairs. 
But  in  the  course  of  time  these  new  quarters  might  be  incorporated 
with  the  old  town.  That  is,  the  corporate  limits  of  the  old  town 
would  be  extended  to  include  the  new  suburbs. 

All  the  aldermen  of  the  city  of  Brunswick,  etc.     .     .     . 

We  wish  it  to  be  made  known  that  after  having  taken 
counsel  with  the  older  and  wiser  men  for  the  best  interests  of 
the  city,  we  have,  under  oath,  issued  the  following  decree 
which  shall  be  observed  forever,  to  the  effect  that  hereafter 
we  [the  aldermen  from  the  three  different  parts  of  the  city 
which  up  to  this,  time  have  had  a  separate  organization] 
shall  meet  in  one  house  to  take  counsel  together  about  the 
affairs  of  the  whole  city.  All  the  income  of  the  city,  from 
whatever  source,  shall  be  kept  in  a  common  fund  and  spent 


No.  314]         SOCIAL  CLASSES  AND   CITIES  589 

for  the  common  good  of  the  whole  city.  In  the  old  town 
wine  may  be  sold  all  the  time.  In  that  quarter  of  the  city 
called  Indago  [that  is,  the  Park],  however,  when  one  vat 
of  wine  has  been  sold  no  more  shall  be  sold  there  until  a 
vat  has  been  sold  in  the  new  town,  and  vice  versa.  New 
aldermen  shall  be  elected  every  year  as  follows:  Seven  new 
aldermen  shall  be  elected  in  the  old  town,  and  three  of  the 
former  aldermen  from  the  same  quarter  shall  be  chosen  to 
remain  in  office  another  year.  In  Indago  [the  quarter  called 
the  Park]  four  new  aldermen  shall  be  elected  and  two  of 
the  former  aldermen  shall  remain  in  office.  In  the  new  town 
three  shall  be  elected  and  one  of  the  former  shall  remain  in 
office.  Thus  there  shall  always  be  twenty  aldermen.  They 
shall  take  a  special  oath,  among  other  things,  to  preserve 
this  union  [of  the  three  towns  in  one].  And  that  no  doubt 
may  arise  about  this,  we  have  caused  this  document  to  be 
written  and  the  seal  of  the  city  to  be  attached  to  it. 
Witnesses  .  .  . 

314.  THE  DECISION  OF  A  DIET  ABOUT  THE  ESTABLISH- 
MENT OF  CITY  COUNCILS  IN  CATHEDRAL  TOWNS,  1218. 

Altmann  und  Bernheim,  no.  165. 

The  lords  of  the  towns  were  generally  unwilling  to  surrender  their 
authority  without  a  struggle.  They  appealed  to  the  king  and  to 
the  diet  against  their  rebellious  subjects.  The  decisions  were  almost 
always  in  their  favor,  but  they  found  it  difficult  to  enforce  them. 
Neither  the  king  nor  the  diet  assisted  them.  In  the  struggle  which 
ensued  between  the  lord  and  the  rebellious  town,  the  town  was  gen- 
erally successful.  It  may  be  said  that  the  kings  seldom  followed  a 
wise  policy  in  this  matter,  but  permitted  themselves  to  be  influenced 
by  the  complaints  of  the  lords.  The  German  kings  generally  did  not 
understand  the  movement  or  see  its  importance.  They  did  not  per- 
ceive that  a  new  order  of  things  was  arising  in  the  cities  which 
was  rapidly  replacing  the  feudal  system. 

In  the  name  of  the  holy  and  undivided  Trinity.  Frederick 
II,  by  the  favor  of  God  king  of  the  Romans,  Augustus,  and 
king  of  Sicily.  .  .  .  Our  beloved  prince,  Henry,  bishop 


590    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

of  Basel,  came  into  the  presence  of  us  and  of  many  princes, 
barons,  and  nobles  of  the  empire  and  demanded  a  decision 
about  the  following  matter,  namely:  Whether  we  or  anyone 
else  had  the  right  to  establish  a  council  in  a  city  [that  is, 
to  give  a  city  municipal  freedom]  which  was  subject  to  a 
bishop,  without  the  bishop's  consent  and  permission.  We 
first  asked  our  beloved  prince,  Theodoric,  the  venerable  arch- 
bishop of  Trier,  about  this,  and  he,  after  some  deliberation, 
declared  that  we  neither  could  nor  should  grant  or  establish 
a  council  in  the  city  of  the  aforesaid  bishop  of  Basel  without 
the  consent  of  him  or  of  his  successors.  The  question  was 
then  asked  in  due  form  of  all  who  were  present,  both  princes, 
nobles,  and  barons,  and  they  confirmed  the  decision  of  the 
archbishop  of  Trier.  We  also,  as  a  just  judge,  approve  this 
decision,  and  declare  it  to  be  right.  We  therefore  remove 
and  depose  the  council  which  is  now  in  Basel,  and  we  annul 
the  charter  which  we  granted  the  people  of  Basel  authorizing 
the  establishment  of  this  council,  and  they  shall  never  make 
any  further  use  of  it.  As  a  greater  evidence  of  our  favor 
and  love  for  the  aforesaid  bishop  of  Basel,  we  forbid,  under 
the  threat  of  the  loss  of  our  favor,  the  people  of  Basel  to 
make  or  set  up  a  council  or  any  constitution,  by  whatever 
name  it  may  be  called,  without  the  consent  and  permission  of 
their  bishop.  .  .  . 

315.     FREDERICK  II  FORBIDS  THE  MUNICIPAL  FREEDOM 

OF  THE    TOWNS    AND  ANNULS  ALL   ClTY   CHARTERS,    1231-2. 
Altmann  und  Bernheim,  no.  166. 

See  introductory  note  to  no.  314. 

In  the  name  of  the  holy  and  undivided  Trinity.  Frederick, 
etc.  .  .  .  (2)  In  various  parts  of  Germany,  through  the 
failure  to  enforce  the  law  and  through  neglect,  certain  de- 
testable customs  have  become  established  which  hide  their 
bad  character  under  a  good  appearance.  By  them  the  rights* 


No.  315]         SOCIAL   CLASSES  AND   CITIES  591 

and  honor  of  the  princes  of  the  empire  are  diminished  and 
the  imperial  authority  is  weakened.  It  is  our  duty  to  see 
that  these  bad  customs,  or  rather  these  corrupt  practices, 
shall  no  longer  be  in  force.  (3)  Wishing,  therefore,  that 
all  the  grants  and  concessions  of  liberties  and  privileges  which 
we  have  made  to  the  princes  of  the  empire  shall  have  the 
broadest  interpretation  and  that  the  said  princes  may  have 
full  and  undisturbed  possession  of  them,  we  hereby  remove 
and  depose  in  every  town  and  city  of  Germany  all  the  city 
councils,  burgomasters,  mayors,  aldermen,  and  all  other  offi- 
cials, by  whatever  name  they  may  be  called,  who  have  been 
established  by  the  people  of  the  said  cities  without  the  per- 
mission of  their  archbishop  or  bishop.  (4)  We  also  dissolve 
all  fraternities  or  societies,  by  whatever  name  they  may  be 
called.  (5)  We  also  decree  that,  in  every  city  or  town  where 
there  is  a  mint,  no  kind  of  money  except  that  which  is 
coined  in  that  place  shall  be  used  in  the  sale  and  purchase 
of  all  kinds  of  goods  and  provisions.  (6)  In  times  past  the 
archbishops  and  bishops  governed  the  cities  and  all  the  lands 
which  were  given  them  by  the  emperor,  and  we  wish  them  to 
continue  to  do  so  forever,  either  in  person  or  through  the 
officials  whom  they  may  appoint  for  this  purpose,  in  spite 
of  the  fact  that  certain  abuses  have  crept  in,  and  in  some 
cities  there  are  those  who  resist  them.  But  this  resistance 
to  their  lord  is  illegal.  (7)  In  order  that  these  wicked  ' 
abuses  may  be  stopped  and  may  not  have  even  a  pretence 
of  authority,  we  revoke  and  declare  invalid  and  worthless 
all  the  privileges,  open  letters,  and  sealed  letters,  which  we 
or  our  predecessors  or  the  archbishops  or  bishops  have  given 
to  any  person,  either  public  or  private,  or  to  any  city,  in  favor 
of  these  societies,  communes,  or  councils,  to  the  disadvantage 
of  the  princes  and  of  the  empire.  This  document  has  the 
form  of  a  judicial  decision,  being  published  by  a  decree  of 
the  princes  with  our  full  knowledge.  .  .  . 


592    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

316.  BRESLAU  ADOPTS  THE  CHARTER  or  MAGDEBURG, 
1261.  (GERMAN.) 

AlUnann  und  Bernheim,  no.  167. 

Magdeburg  was  on  the  frontier  between  the  Germans  and  the  Slavs 
(Wends  and  Poles)  of  the  interior.  It  owed  its  importance  and 
growth  in  large  part  to  the  fact  that  it  was  the  centre  of  the 
extensive  trade  between  the  two  peoples.  For  a  long  time  practically 
all  the  commerce  between  them  passed  through  it.  It  had  the  same 
commercial  importance  for  the  Slavs  of  the  interior  as  Lwbeck  did 
for  the  people  along  the  shores  of  the  Baltic.  Because  of  its  position 
it  was  raised  to  be  the  seat  of  an  archbishop,  and  given  the  work 
of  Christianizing  the  Slavs.  Another  effect  of  her  position  and 
commerce  was  seen  in  the  organization  of  the  Slavic  cities,  all  of 
which  adopted  her  government  and  laws.  These  so-called  Slavic 
towns  to  the  east  of  Magdeburg  were  established  generally  by  German 
colonists  who  made  it  a  condition  of  their  going  as  colonists  that 
they  should  have  the  charter  of  Magdeburg.  And  when  towns  were 
raised  to  the  rank  of  cities  they  asked  to  have  the  charter  of  Magde- 
burg. So  in  1261  when  Breslau  was  made  a  city,  duke  Henry  and  his 
citizens  of  Breslau  applied  to  Magdeburg  for  a  copy  of  its  charter. 
In  response  to  this  request  the  Schoeffen  of  the  city  drew  up  the 
following  statement  of  the  city's  government.  Although  prolix,  un- 
systematic, and  obscure  in  some  points,  the  student  will  be  able  to 
understand  the  essential  features  of  it.  Compare  the  legal  procedure, 
delays,  etc.,  with  no.  4,  the  Salic  Law. 

In  a  city  which  had  the  charter  of  Magdeburg  it  might  easily 
happen  that  a  new  case  would  arise  which  was  not  provided  for  in 
the  charter.  If  the  governing  body  was  in  doubt  as  to  what  to  do, 
a  deputation  was  sent  to  Magdeburg  to  ask  for  instructions  from  her 
board  of  Schoeffen.  So  in  1338  the  citizens  of  Culm  asked  for  in- 
structions on  several  points,  and  the  Schoeffen  told  them  what  the 
law  on  these  matters  in  Magdeburg  was.  We  give  these  two  docu- 
ments as  typical,  and  as  illustrating  the  government  of  the  cities 
in  Wendish-Polish  territory. 

(1)  When  Magdeburg  was  founded  the  inhabitants  were 
given  a  charter  such  as  they  wished.  They  determined  that 
they  would  choose  aldermen  every  year,  who,  on  their  elec- 
tion, should  swear  that  they  would  guard  the  law,  honor,  and 
interests  of  the  city  to  the  best  of  their  ability  and  with 
the  advice  of  the  wisest  people  of  the  city.  (2)  The  alder- 


No.  316]         SOCIAL  CLASSES  AND  CITIES  593 

men  have  under  their  jurisdiction  false  measures,  false  scales, 
false  weights,  offences  in  the  sale  of  all  sorts  of  provisions, 
and  all  kinds  of  deception  in  buying  and  selling.  If  they  find 
anyone  guilty  of  such  things,  he  shall  pay  a  fine  of  throe 
Wendish  marks,  that  is,  thirty-six  shillings.  (3)  The  alder- 
men shall  take  counsel  with  the  wisest  people  and  then  ap- 
point their  courts  at  whatever  time  they  wish.  Their  deci- 
sions rendered  in  court  are  binding  and  must  be  obeyed.  If 
anyone  resists  their  decisions,  they  shall  punish  him.  (4) 
If  the  bells  are  rung  [tpxcall  the  inhabitants  to  court],  and 
anyone  does  not  comefne  shall  pay  a  fine  of  six  pence.  If 
he  is  summoned  to  the  court  and  does  not  come,  he  shall  be 
fined  five  shillings.  (5)  If  the  people  who  are  called  huck- 
sters are  convicted  of  cheating,  they  shall  either  be  beaten 
and  have  their  heads  shaved,  or  they  shall  be  fined  three 
shillings,  according  to  the  choice  of  the  aldermen.  (6)  If 
anyone  is  convicted  of  using  false  weights  or  measures,  the 
aldermen  shall  punish  him  according  to  the  custom  of  the 
city,  or  fine  him  thirty-six  shillings.  (7)  The  burggrave  is 
the  highest  judge.  He  must  hold  three  courts  every  year :  the 
first  one  at  St.  Agatha's  day  [February  5],  the  second  one 
at  St.  John's  day  [June  24],  and  the  third  one  a  week  after 
St.  Martin's  day  [November  11].  If  these  days  fall  on 
holy  days  or  on  "bound  times"  [that  is,  holidays  on  which, 
for  some  reason  not  here  stated,  no  courts  may  be  held], 
the  court  must  be  put  off.  If  plaintiffs  do  not  appear,  the 
case  must  be  put  off.  If  the  Schultheiss  does  not  come,  the 
case  must  be  put  off.  But  the  Schultheiss  who  fails  to  come 
must  pay  the  burggrave  ten  pounds,  unless  it  was  impossible 
for  him  to  come.  (8)  All  crimes  committed  14  days  before 
the  burggrave's  court  meets  belong  solely  to  the  jurisdiction 
of  the  burggrave.  But  if  the  burggrave  is  not  there,  the  citi- 
zens shall  choose  someone  else  to  judge  in  his  place,  if  any- 
one has  been  taken  in  the  very  act  of  committing  a  crime. 
The  fee  of  the  burggrave  is  three  pounds.  When  the  burg- 


594    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

grave  rises  from  the  judge's  chair,  his  court  is  dissolved,  and 
he  then  appoints  the  court  of  the  Schultheiss  to  be  held  14 
days  from  the  next  day.  (9)  The  Schultheiss  holds  three 
regular  courts  every  year:  the  first  one,  twelve  days  after 
Christmas,  the  second,  on  the  first  Tuesday  after  Easter 
week,  and  the  third,  at  the  end  of  the  week  of  Pentecost. 
At  the  close  of  each  of  these  courts  he  shall  appoint  another 
court  [if  necessary],  to  be  held  fourteen  days  .later.  If 
these  courts  fall  on  a  holy  day,  he  may  put  off  his  court  for 
a  day  or  two.  (10)  The  fee  ofs^he  Schultheiss  is  eight 
shillings.  No  one  shall  be  summoneoHo  his  court  except  by 
the  Schultheiss  himself  or  by  his  beadle.  His  servant  shall 
not  summon  anyone.  If  the  Schultheiss  is  not  at  home  when 
a  crime  is  committed,  the  people  shall  choose  someone  to 
judge  in  his  place,  in  case  they  have  taken  some  offender 
in  the  act.  The  Schultheiss  shall  receive  his  authority  as  a 
fief  from  the  lord  of  the  land,  and  he  shall  have  a  fief 
[besides],  and  he  must  be  of  legitimate  birth,  and  .born  a 
citizen  of  the  town.  (11)  If  a  man  is  wounded  and  cries 
for  help,  and  seizes  his  assailant  and  brings  him  into  court, 
and  has  six  witnesses,  the  defendant  is  to  be  shown  to  the 
witnesses,  so  that  he  cannot  escape.  If  a  man  inflicts  a 
wound  as  deep  as  a  nail  and  as  long  as  a  finger,  his  hand 
shall  be  cut  off;  for  killing  anyone  his  head  shall  be  cut  off. 
(12)  Neither  the  burggrave  nor  the  Schultheiss  shall  compel 
citizens  to  render  decisions  [that  is,  assist  in  holding  court] 
at  any  other  time  than  the  regular  sessions  of  the  court,  ex- 
cept when  a  criminal  has  been  taken  in  the  act.  But  the 
burggrave  and  the  Schultheiss  must,  every  day,  try  the  cases 
which  are  brought  before  them.  (13)  If  a  man  is  wounded 
but  puts  off  making  complaint  [to  the  proper  official]  'until 
the  next  day,  the  accused  may  clear  himself  if  he  produces 
six  witnesses.  If  the  accused  fails  to  appear  at  the  next  three 
sessions  of  the  court,  he  shall,  at  the  fourth  session,  be  put 
under  the  ban  [outlawed,  proscribed].  (14)  If  a  man  dies 


No.  316]         SOCIAL  CLASSES  AND  CITIES  595 

leaving  a  wife,  she  shall  have  no  share  in  his  property  except 
what  he  has  given  her  in  court,  or  has  appointed  for  her 
dower.  She  must  have  six  witnesses,  male  or  female,  to 
prove  her  dower.  If  the  man  made  no  provision  for  her, 
her  children  must  support  her  as  long  as  she  does  not  re- 
marry. If  her  husband  had  sheep,  the  widow  shall  take  them. 

(15)  If  a  man  and  woman  have  children,  some  of  whom  are 
married  and  have  received  their  marriage  portion,  and  the 
man  dies,  the  children  who  are  still  at  home  [that  is,  un- 
married], shall  receive  the  inheritance.     Those  who  have 
received  their  marriage  portion  shall  have  no  part  of  it  [that 
is,  the  inheritance].     Children  who  have  received  an  inher- 
itance shall  not  sell  it  without  the  consent  of  their  heirs. 

(16)  If  a  man  surrenders  anything  to  another  in  court, 
and  the  other  holds  it  in  peaceable  possession  for  a  year  and 
a  day,  he  shall  call  the  judge  and  the  Schoeffen  as  witnesses 
to  the  fact  [that  he  has  held  it  for  a  year  and  a  day],  and 
thereafter  no  one  shall  bring  a  suit  against  him  to  recover  it. 

(17)  If  a  judge  or  Schoeffe  dies,  he  shall  be  declared  de- 
posed [that  is,  his  office  shall  be  declared  vacant]  by  a  ses- 
sion of  court  in  which  at  least  two  Schoeffen  and  four  free 
citizens  are  present.    Then  his  wife  shall  receive  her  share  of 
his  property  [that  is,  not  until  his  office  is  declared  vacant 
may  his  widow  claim  her  share  of  his  property].     (18)  No 
one,  whether  man  or  woman,  shall,  on  his  sick-bed,  give  away 
more  than  three  shillings'  worth  of  his  property  without  the 
consent  of  his  heirs,  and  the  woman  must  have  the  consent 
of  her  husband.     (19)   If  the  fee  or  wergeld  of  the  burggrave 
has  been  adjudged  to  him  in  court,  it  must  be  paid  to  him 
within  six  weeks.      (20)  If  there  are  no  immediate  heirs 
[that  is,  children]  to  an  inheritance,  the  nearest  of  kin  shall 
share  it  equally.     (21 )   If  a  man  is  wounded  and  cries  for  help 
[but  does  not  seize  his  assailant]  and  comes  into  court  and  ac- 
cuses someone  who  was  present  [when  he  received  the  wound], 
the  accused  must  answer  in  court  and  defend  himself.    If  a 


596    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

man  accuses  more  persons  than  he  has  wounds,  only  as  many 
persons  as  he  has  wounds  shall  be  prosecuted,  but  the  defend- 
ants may  clear  themselves  of  the  charges  with  six  witnesses. 
(22)  If  an  inheritance  is  left  to  a  boy  [that  is,  if  his  father 
dies],  and  he  wishes  to  become  a  priest,  he  shall  nevertheless 
receive  the  inheritance.  But  if  he  has  an  unmarried  sister 
at  home,  the  two  shall  divide  it  between  them.  (23)  If  a 
man  transfers  a  piece  of  property  to  another  in  the  presence 
of  the  judge  and  of  the  Schoeffen,  the  Schoeffen  shall  re- 
ceive a  fee  of  one  shilling.  (24)  If  a  man  brings  a  suit 
against  another  for  a  debt  and  gets  a  writ  of  execution 
against  him,  the  defendant  must,  on  the  same  day,  pay  the 
debt  and  also  the  judge's  fee.  (25)  If  a  man  is  sued  for  a 
debt  and  he  confesses  to  the  debt,  he  must  pay  it  within 
fourteen  days.  If  he  does  not  pay  it  within  fourteen  days, 
he  shall  pay  the  judge's  fee,  and  the  judge  shall  order  him 
to  pay  it  within  eight  days.  If  he  does  not  pay  it  within 
eight  days,  the  judge  shall  order  him  to  pay  it  the  next  day. 
If  he  does  not  pay  it,  he  shall  pay  the  judge  his  fee  for  every 
time  the  judge  ordered  him  to  pay.  If  he  does  not  have  the 
money  to  pay,  his  house  shall  be  taken  in  pawn  for  the  debt. 
If  he  has  no  house^  he  shall  be  seized  for  debt  wherever  he 
may  be  found.  Whoever  gives  him  aid,  shall  pay  a  fine  to 
the  judge.  (26)  If  a  man's  clothes  are  taken  from  him  by 
a  writ  of  execution,  he  has  seventeen  days  in  which  to  call 
a  court  session.  (27)  If  a  man  of  good  reputation  is  ac- 
cused of  having  caused  a  disturbance  by  day  or  night,  he  shall 
clear  himself  with  six  witnesses,  provided  he  was  not  seen 
near  the  place  where  the  disturbance  was.  (28)  No  widow 
shall  use  the  capital  of  her  dower  or  sell  it.  If  she  dies 
it  shall  go  to  the  heirs  of  her  husband.  (29)  If  an  inher- 
itance is  left  to  children,  and  one  of  them  dies,  the  others 
share  it  equally.  (30)  If  a  man's  house  is  taken  from  him 
as  a  pawn  for  a  debt,  so  long  as  the  pawn  is  unredeemed 
lie  shall  pay  the  judge  a  fine  every  time  he  enters  the  house. 


No.  316]        SOCIAL  CLASSES  AND  CITIES  597 

(31)  If  a  man  is  going  out  of  the  country  as  a  pilgrim  or 
as  a  merchant,  no  one  shall  hinder  him  from  going  because 
of  a  debt,  unless  he  brings  suit  against  him  for  the  debt 
before  the  judge.  (32)  If  anyone  reviles  a  Schoeffe  while 
he  is  on  the  bench  [that  is,  while  he  is  performing  the  duties 
of  his  office],  he  shall  pay  the  Schoeffe  the  regular  fine  [for 
an  offence  against  a  Schoeffe],  that  is,  thirty  shillings,  and  he 
shall  also  pay  the  judge  his  fee.  (33)  If  a  man  reviles  the 
Schoeffen  after  they  have  given  a  decision,  he  shall  pay  each 
of  them  the  regular  fine,  that  is,  thirty  shillings,  and  also  pay 
the  judge  his  regular  fine.  He  shall  pay  the  judge's  fine  as 
many  times  as  there  are  Schoeffen  whom  he  reviled.  (34)  If 
a  man  needs  evidence  that  a  quarrel  or  feud  was  legally  set- 
tled in  court,  he  shall  appeal  to  the  judge  and  Schoeffen  in 
whose  presence  the  feud  was  settled.  If  they  have  died,  he 
shall  take  the  testimony  of  the  free  citizens  who  were  in 
court  at  the  time.  (35)  The  .judge  shall  not  reverse  a  deci- 
sion of  the  Schoeffen.  (36)  If  a  feud  is  settled  out  of  court 
and  one  of  the  parties  afterward  renews  it,  the  other  party 
shall  prove  that  it  was  settled  by  bringing  six  witnesses  who 
saw  and  heard  the  settlement.  (37)  If  a  feud  is  settled  in 
court  and  a  pledge  given  [that  the  feud  shall  not  be  renewed] 
and  some  of  them  [that  is,  one  of  the  parties  to  it]  renew 
it  and  they  are  convicted  of  it  before  the  judge  and  the 
Schoeffen,.  they  shall  lose  a  hand  for  inflicting  a  wound  on 
any  of  the  other  party,  and  their  head  if  they  have  killed 
rinyone.  If  a  man  who  did  not  agree  to  the  settlement  of  the 
feud  renews  it,  he  shall  pay  the  wergeld,  that  is,  nine  pounds 
for  a  wound  and  eighteen  for  killing  anyone.  (38)  If  a 
man  attacks  another  with  intent  to  wound,  and  does  wound 
him,  he  shall  lose  a  hand  for  a  wound,  and  his  head  if  he 
kills  him.  (39)  If  a  man  is  beaten  with  rods  on  his  back 
and  abdomen  so  as  to  make  black  and  blue  spots  and  to  cause 
swellings,  he  shall  show  himself  to  the  judge  and  to  the  free 
citizens  in  court  that  they  may  see  the  effects  of  the  blows, 


598    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

and  then  he  has  grounds  for  suit  against  those  who  beat  him. 
But  if  he  is  beaten  on  his  head  and  arms  and  he  has  no  other 
proof,  the  accused  shall  clear  themselves  in  the  regular  way. 
If  they  confess  [that  they  beat  him],  each  one  shall  pay  his 
fine  and  the  judge's  fee  besides.  If  the  man  whom  they  beat 
dies,  they  must  all  answer  in  court  for  his  death.  If  he  does 
not  die,  only  one  of  them  shall  answer  in  court,  the  others 
shall  go  free.  (40)  The  burggrave  and  not  the  Schultheiss 
shall  have  jurisdiction  over  the  three  crimes  of  attacking 
from  an  ambush,  violating  women,  and  attacking  with  intent 
to  kill.  If  the  one  attacked  has  wounds  and  shows  them  to 
the  judge  and  has  witnesses  who  heard  him  cry  for  help,  the 
accused  shall  answer  in  court  to  the  charges.  (41)  If  any- 
one dies  leaving  an  inheritance  and  no  heirs  appear  within 
a  year  and  a  day  to  claim  it,  it  shall  go  to  the  king.  (42)  If 
a  man  who  has  three  or  more  children  is  killed,  and  someone 
is  accused  by  one  of  the  children  of  having  killed  his  fatherj 
but  is  not  convicted,  and  the  court  gives  him  a  certificate 
that  he  did  not  commit  the  crime,  the  other  children  shall 
not  renew  the  charge  against  him.  (43)  If  a  man  enters 
suit  against  another,  he  shall  make  a  deposit  with  the  judge 
[to  cover  expenses?].  He  shall  not  give  this  deposit  to  the 
judge,  but  he  shall  receive  it  back  [after  the  suit  is  ended]. 
(44)  If  a  man  seizes  a  horse  and  declares  that  it  was  stolen 
or  taken  by  force  from  him,  he  shall  prove  it  in  court.  He 
in  whose  possession  the  horse  was  found,  shall  appeal  to  wit- 
nesses and  name  them  and  swear  by  the  saints  that  he  is  not 
practising  any  deception  in  appealing  to  witnesses.  After 
he  has  named  his  witnesses,  the  man  who  is  called  as  a  witness 
shall  go  with  him  a  reasonable  distance  [that  is,  to  meet  the 
witnesses  who  have  been  named].  If  he  cannot  produce  the 
witnesses  whom  he  boasted  of  having,  he  shall  give  security 
to  the  judge  for  the  fine  and  the  expenses  to  which  the  man 
who  claimed  the  horse  has  been  put,  and  he  shall  set  a  day 
when  he  shall  appear  in  court.  If  he  says  that  he  bought  the 


No.  316]         SOCIAL   CLASSES  AND  CITIES  599 

horse  in  the  public  market,  he  shall  restore  the  horse  to  its 
owner  and  he  shall  lose  the  money  which  he  paid  for  it.  But 
he  shall  not  pay  a  fine.  The  judge  shall  not  assess  a  fine  for 
the  non-payment  of  his  fine.  (45)  If  a  man  claims  a  piece 
of  property  or  an  inheritance,  he  shall  not  bribe  the  judge 
in  order  to  secure  a  favorable  decision.  If  a  man  enters  a 
suit  against  another  [but  in  the  meantime  the  matter  is  set- 
tled out  of  court],  he  shall  pay  nothing  except  the  fee  of 
the  judge.  (46)  If  a  man  who  has  been  wounded  does  not 
wish  to  make  charges  against  anyone,  the  judge  cannot  com- 
pel him  to  do  so.  (47)  If  a  man  is  outlawed  or  condemned, 
no  one  but  his  heirs  shall  take  his  property.  (48)  If  a  man 
dies  without  having  disposed  of  his  property,  it  shall  go  to 
his  children,  if  they  are  his  equals  in  birth.  If  one  of  the 
children  dies,  its  share  goes  to  its  mother,  but  she  cannot 
dispose  of  it  without  the  consent  of  her  heirs.  (49)  When 
a  child  is  twelve  years  old  it  may  choose  whom  it  will  as 
guardian.  The  guardian  must  render  an  account  to  the 
mother  and  to  the  children  of  his  management  of  the  inher- 
itance. (50)  If  one  man  says  to  another,  "  You  are  my  prop- 
erty," but  the  man  thus  claimed  can  prove  his  freedom,  no 
similar  claim  shall  ever  be  made  against  him  again.  A  man 
can  prove  his  freedom  by  the  testimony  of  three  of  his 
mother's  relatives  and  three  of  his  father's  relatives.  These 
witnesses  may  be  either  male  or  female.  (51)  Playing  at 
dice  is  not  a  crime.  (52)  If  a  man  is  security  for  anything 
and  dies,  his  children  are  not  responsible  for  the  security.  If 
a  man  is  security  for  a  debt,  he  must  pay  it  and  make  every- 
thing good.  (53)  If  a  man  wounds  another  in  the  street 
within  the  corporate  limits  of  the  city  [that  is,  on  ground 
which  is  under  the  jurisdiction  of  the  city]  not  in  self- 
defence,  wrongfully,  and  without  provocation,  and  the 
wounded  man  turns  and  wounds  him  and  cries  for  help,  but 
because  of  his  wounds  is  not  able  to  reach  the  court  first 
and  make  charges  against  his  assailant,  and  his  assailant, 


600    SOURCE  BOOK  FOR  MED  ^VAL  HISTORY 

although  he  was  the  first  to  make  the  attack,  maliciously  and 
insolently  comes  into  court  and  makes  charges,  the  one  who 
was  first  attacked  shall  come  into  court  on  the  same  day  and 
prove  by  those  who  heard  his  cry  for  help  that  the  other  was 
the  first  to  make  the  attack.  If  he  can  prove  this  he  shall 
win  his  case.  But  he  must  appear  the  same  day.  (54)  If 
two  men  who  are  from  Wendish  territory,  even  though  they 
are  not  hoth  Wends,  wound  each  other  within  the  corporate 
limits  of  the  city,  and  one  of  them  comes  into  court  and 
makes  charges  against  the  other  according  to  Wendish  law, 
the  other  must  answer  him  according  to  the  same  law.  (55) 
When  a  man  dies  his  wife  shall  give  his  sword,  his  horse  and 
saddle,  and  his  best  coat  of  mail.  She  shall  also  give  a  bed, 
a  pillow,  a  sheet,  a  table-cloth,  two  dishes  and  a  towel.  Some 
say  that  she  should  give  other  things  also,  but  that  is  not 
necessary.  If  she  does  not  have  these  things,  she  shall  not 
give  them,  but  she  shall  give  proof  for  each  article  that  she 
does  not  have  it.  (56)  If  two  or  more  children  inherit  these 
things  [named  in  §  55],  the  oldest  shall  take  the  sword  and 
they  shall  share  the  other  things  equally.  (57)  If  the  chil- 
dren are  minors,  the  oldest  male  relative  on  the  father's 
side,  if  he  is  of  the  same  rank  by  birth,  shall  receive  all  these 
things  [named  in  §  55]  and  preserve  them  for  the  children. 
When  they  become  of  age,  he  shall  give  them  to  them,  and 
in  addition,  all  their  property,  unless  he  can  prove  that  he 
has  used  it  to  their  profit,  or  that  it  has  been  stolen  or 
destroyed  by  some  accident  without  any  fault  of  his.  He 
shall  also  be  the  guardian  of  the  widow  until  she  remarries,  if 
he  is  of  the  same  rank  as  she  is.  (58)  After  giving  the  above 
articles  the  widow  shall  take  her  dower  and  all  that  belongs 
to  her;  that  is,  all  the  sheep,  geese,  chests,  yarn,  beds,  pil- 
lows, cushions,  table  linen,  bed  linen,  towels,  cups,  candle- 
sticks, linen,  woman's  clothing,  finger  rings,  bracelets,  head- 
dress, psalters,  and  all  prayer-books,  chairs,  drawers,  bureaus, 
carpets,  curtains,  etc.,  and  there  are  many  other  trinkets 


No.  316]         SOCIAL  CLASSES  AND  CITIES  601 

which  belong  to  her,  such  as  brushes,  scissors,  and  mirrors, 
but  I  do  not  mention  them.  But  uncut  cloth,  and  unworked 
gold  and  silver  do  not  belong  to  her.  (59)  All  the  posses- 
sions of  the  man  except  those  named  in  §  55  belong  to  his 
inheritance.  If  he  has  given  anything  in  pledge,  he  who  has 
the  right  to  shall  redeem  it  if  he  wishes  to  do  so.  (60)  If 
one  of  the  children  becomes  a  priest  he  shall  share  in  the 
inheritance  equally  with  his  brothers,  but  not  if  he  becomes 
a  monk.  (61)  If  a  boy  is  put  into  a  monastery  but  leaves 
it  before  he  becomes  of  age,  he  retains  his  legal  status;  that 
is,  he  may  inherit  fiefs  from  his  father  and  has  all  the  protec- 
tion of  the  law  of  the  land.  But  if  a  man  becomes  a  monk, 
he  loses  all  his  rights  and  fiefs,  because  he  has  denied  his 
military  duties.  The  monks  of  the  monastery  which  he  has 
entered  shall  be  witnesses  of  this.  (62)  Cases  shall  be  tried 
in  the  order  in  which  they  are  entered.  The  plaintiff  and 
the  defendant  have  each  the  right  to  speak  three  times  dur- 
ing the  trial.  Each  one  may  speak  until  the  beadle  orders 
him  to  stop.  (63)  In  all  cities  it  is  the  law  that  the  judge 
shall  give  decisions.  A  man  who  has  a  representative  shall 
not  speak  in  court.  If  the  judge  asks  him  whether  he  agrees 
to  what  his  representative  says,  he  must  answer  Yes  or  No, 
or  he  may  ask  for  permission  to  speak.  (64)  If  anyone 
wishes  to  challenge  a  fellow  citizen  to  an  ordeal  by  duel,  he 
must  ask  the  judge  to  permit  him  to  challenge  the  peace- 
breaker  in  a  legal  manner.  If  this  request  is  granted,  the 
accuser  may  ask  how  he  should  challenge  so  as  to  have  the 
support  of  the  law.  The  answer  is,  by  pulling  the  defendant 
at  his  collar.  After  the  challenge,  he  shall  tell  the  defendant 
why  he  challenged  him.  He  must  accuse  him  of  having 
broken  the  peace  either  on  the  king's  road,  or  in  a  village. 
He  shall  declare  in  which  way  the  peace  was  broken.  But 
he  must  accuse  the  defendant  of  haviixg  wounded  him  and 
done  him  violence.  And  this  he  may  prove  by  showing  his 
wounds  or  scars.  Further,  he  shall  accuse  the  defendant  of 


602    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

having  robbed  him  of  his  property  and  of  having  taken 
enough  to  make  an  ordeal  necessary.  He  shall  accuse  him 
of  all  these  three  crimes  at  once.  If  he  omits  one  of  these  he 
is  deprived  of  the  privilege  of  the  ordeal. 

The  honorable  Schoeffen  and  the  aldermen  of  Magdeburg 
drew  up  this  law  of  Magdeburg  for  the  noble  duke,  Henry, 
and  his  citizens  of  Breslau,  and,  if  necessary,  will  aid  them 
in  keeping  it.  They  gave  it  at  the  request  of  Henry  the 
duke  and  of  his  citizens  of  Breslau.  In  the  year  1261.  .  .  . 

317.  THE  SCHOEFFEN  OF  MAGDEBURG  GIVE  DECISIONS 
FOR  CULM,  1338.  (GERMAN.) 

Altmann  und  Bernheim,  no.  172. 

See  introductory  note  to  no.  316. 

1.  May  aldermen  be  deposed  ?    To  the  honorable  aldermen 
of   Culm,  we  the  Schoeffen   of  Magdeburg,  your  obedient 
servants  [send  greeting].    You  have  asked  us  in  your  letter 
whether  aldermen  may  choose  other  aldermen,  and  whether 
they  may  choose  from  among  themselves  burgomasters  and 
Schoeffen  without  the  consent  of  the  burggrave.     And  also 
whether  the  burggrave  may  depose  some  of  the  aldermen  and 
appoint  others  in  their  place.    We  answer,  that  the  aldermen 
may  choose  other  aldermen  for  a  year,  and  one  or  two  burgo- 
masters from  their  own  number  also  for  a  year.     But  the 
burggrave  has  no  right  to  depose  aldermen  and  put  others  in 
their  place. 

2.  Who    shall    choose  other  Schoeffen?      The  Schoeffen 
shall  elect  other  Schoeffen,  and  those  elected  shall  remain 
Schoeffen  as  long  as  they  live.     The  aldermen  have  no  right 
to  elect  Schoeffen.    The  burggrave  shall  confirm  the  Schoeffen 
who  are  elected. 

3.  May  the  aldermen  make  laws?    You  have  also  asked 
us  whether  the  aldermen  with  the  consent  of  their  citizens 
may  make  laws  among  themselves  and  fix  the  penalties  for 


No.  317]         SOCIAL   CLASSES  AND  CITIES  603 

offences  against  them,  without  the  consent  of  the  burggrave, 
and  whether  the  aldermen  have  the  right  to  collect  such  penal- 
ties and  retain  them,  or  shall  the  burggrave  and  the  Schul- 
theiss  have  a  share  in  them.  And  you  have  also  asked  if  a 
man  breaks  the  laws  and  refuses  to  pay  the  fine,  how  it  is 
to  be  collected  from  him.  We  answer,  that  the  aldermen  may 
make  laws  and  fix  their  penalties  provided  these  laws  do  not 
conflict  with  the  laws  of  the  city.  And  they  may  do  this 
without  the  consent  of  the  burggrave.  And  they  have  the 
right  to  demand  the  payment  of  fines,  and  they  may  keep 
them  for  the  benefit  of  the  city ;  the  burggrave  and  the  Schul- 
theiss  shall  have  no  part  in  them. 

4.  What  if  a  man  refuses  to  pay  a  fine  ?    If  a  man  refuses 
to  pay  a  fine  but  admits  that  he  owes  it,  the  aldermen  may 
seize  and  imprison  him  until  he  pays  it.    If  he  says  he  does 
not  owe  the  fine,  he  shall  prove  it  by  taking  an  oath  by  the 
saints. 

5.  About  false  measures.    You  have  further  asked  whether 
the  aldermen  have  jurisdiction  over  weights  and  measures, 
false  measures,  and  the  sale  of  provisions,  and  if  a  man  re- 
fuses to  pay  a  fine  how  it  shall  be  collected.    We  answer,  that 
aldermen  have  jurisdiction  over  the  said  things,  and  that  if 
a  man  refuses  to  pay  his  fine,  they  may  seize  and  imprison 
him  until  he  pays  it,  as  is  written  above. 

6.  About  damage  done  to  a  forest.     You  asked  us  if  a 
man  cuts  wood  in  a  forest,  how  he  shall  pay  the  damage.    We 
answer,  if  a  man  cuts  down  trees  in  another's  forest,  or  cuts 
his  grass,  or  fishes  in  his  streams,  he  shall  pay  for  the  damage 
and  a  fine  besides. 

7.  How  far  shall  a  guest  live  from  the  city?    You  also 
asked  us  how  far  a  man  must  live  from  the  court  if  he  wishes 
to  have  the  right  of  a  guest.    We  answer,  if  a  guest  is  accused 
before  the  court,  if  he  swears  by  the  saints  that  he  lives  more 
than  twelve  miles  from  the  court,  he  shall  have  his  trial  at 
once.    If  a  guest  enters  suit  against  a  citizen  in  the  same 


604    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

court,  the  citizen  shall  answer  in  court  that  same  day  if  the 
guest  demands  it. 

8.  About  attaching  the  property  of  a  guest.    You  further 
asked  us  how  you  should  proceed,  if  a  man  attaches  the  prop- 
erty of  a  guest  from  a  far  country,  so  that  justice  may  be 
done  to  both.    We  answer,  if  a  man  attaches  the  property  of 
a  guest  who  lives  so  far  away  that  you  cannot  get  hold  of  him, 
the  attachment  is  not  to  be  put  into  execution  until  the  guest 
is  informed  of  it.     If  the  guest  does  not  then  appear  to 
defend  his  property,  the  attached  property  may  be  taken. 

9.  About  taxes.    You  further  asked  us,  if  the  citizens  have 
property  outside  of  the  territory  of  the  city  which  they  hold 
from  some  lord  and  from  which  they  receive  an  income,  are 
they  bound  to  pay  the  tax  which  may  be  assessed  on  property 
outside  the  city,  just  the  same  as  they  do  on  their  ordinary 
property  ?    We  answer  that,  according  to  the  law  and  practice 
of  our  city,  every  man  must  pay  taxes  on  his  property  outside 
as  well  as  inside  the  city,  no  matter  where  it  is,  and  he  must 
take  an  oath  to  its  value  and  pay  a  tax  accordingly. 

318.    THE  ESTABLISHMENT  OP  THE  RHINE  LEAGUE,  1254. 

M.  G.  LL.  4to,  IV,  2,  no.  428. 

Commerce,  the  chief  interest  of  the  cities,  could  flourish  only  un- 
der peaceful  conditions.  But  peace  was  a  stranger  to  Germany  toward 
the  middle  of  the  thirteenth  century.  In  order  to  prosecute  his  Ital- 
ian-Sicilian policy,  Frederick  II  had  left  Germany  to  her  fate.  The 
princes  were  engaged  in  private  warfare,  and  a  large  number  of 
robber  barons  plied  their  trade  and  made  the  roads  unsafe.  Conrad 
IV  was  fighting  for  the  possession  of  the  crown  and  so  was  unable 
to  establish  peace.  William  of  Holland  was  recognized  in  only  a 
small  territory  and  was  practically  helpless  to  restore  order.  Un- 
der these  circumstances  the  cities  of  the  Rhine  valley  determined 
to  take  matters  into  their  own  hands,  and  so  made  a  league  for 
the  purpose  of  protecting  their  commerce  against  the  robber  barons 
and  other  highwaymen  who  infested  all  the  roads  and  streams.  We 
give  the  document  by  which  the  league  was  formed,  and  the  one 
in  which  is  embodied  its  first  legislation. 

In  the  name  of  the  holy  and  undivided  Trinity.     The 


No.  318]         SOCIAL  CLASSES  AND  CITIES  605 

judges,  consuls  [aldermen],  and  all  the  citizens  of  Mainz, 
Cologne,  Worms,  Speyer,  Strassburg,  Basel,  and  other  cities 
which  are  bound  together  in  the  league  of  holy  peace,  to  all 
the  faithful  of  Christ,  greeting  in  him  who  is  the  author  of 
peace  and  the  ground  of  salvation. 

1.  Since  now  for  a  long  time  many  of  our  citizens  have 
been  completely  ruined  by  the  violence  and  wrongs  which 
have  been  inflicted  on  them  in  the  country  and  along  the 
roads,  and  through  their  ruin  others  have  also  been  ruined, 
so  that  innocent  people,  through  no  fault  of  their  own,  have 
suffered  great  loss,  it  is  high  time  that  some  way  be  found  for 
preventing  such  violence,  and  for  restoring  peace  in  all  our 
lands  in  an  equitable  manner. 

2.  Therefore  we  wish  to  inform  all  that,  with  the  aid  of 
our  Lord  Jesus  Christ,  the  author  and  lover  of  peace,  and 
for  the  purpose  of  fostering  peace  and  rendering  justice,  we 
have  all  unanimously  agreed  on  the  following  terms  of  peace: 
We  have  mutually  bound   ourselves  by  oath  to  observe  a 
general  peace  for  ten  years  from  St.  Margaret's  day  [July  13, 
1254].    The  venerable  archbishops,  Gerhard  of  Mainz,  Con- 
rad of  Cologne,  Arnold  of  Trier,  and  the  bishops,  Richard 
of  Worms,  Henry  of  Strassburg,  Jacob  of  Metz,  Bertold  of 
Basel,  and  many  counts  and  nobles  of  the  land  have  joined 
us  in  this  oath,  and  they  as  well  as  we  have  all  surrendered 
the  unjust  tolls  which  we  have  been  collecting  both  by  land 
and  water,  and  we  will  collect  them  no  longer. 

3.  This  promise  shall  be  kept  in  such  a  way  that  not  only 
the  greater  ones  among  us  shall  have  the  advantage  of  this 
common  protection,  but  all,  the  small  with  the  great,  the 
secular  clergy,  monks  of  every  order,  laymen,  and  Jews,  shall 
enjoy  this  protection  and  live  in  the  tranquillity  of  holy 
peace.     If  anyone  breaks  this  peace,  we  will  all  go  against 
him  with  all  our  forces,  and  compel  him  to  make  proper  sat- 
isfaction. 

4.  In  regard  to  the  quarrels  or  differences  which  now 


606    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

exist  between  members  of  this  peace,  or  which  may  hereafter 
arise,  they  shall  be  settled  in  the  following  way:  Each  city 
and  each  lord,  who  are  members  of  this  league,  shall  choose 
four  reliable  men  and  give  them  full  authority  to  settle  all 
quarrels  in  an  amicable  way,  or  in  some  legal  manner.  .  .  . 

319.    PEACE  ESTABLISHED  BY  THE  RHINE  LEAGUE,  1254. 

M.  G.  LL.  folio,  II,  369  f. 

See  introductory  note  to  no.  318. 

In  the  name  of  the  Lord,  amen.  In  the  year  of  our  Lord 
1254,  on  the  octave  of  St.  Michael's  day  [that  is,  a  week 
after  Sept.  29]  we,  the  cities  of  the  upper  and  lower  Rhine, 
leagued  together  for  the  preservation  of  peace,  met  in  the 
city  of  Worms.  We  held  a  meeting  there  and  carefully  dis- 
cussed everything  pertaining  to  a  general  peace.  To  the  honor 
of  God,  and  of  the  holy  mother  church,  and  of  the  holy  em- 
pire, which  is  now  governed  by  our  lord,  William  [of  Hol- 
land], king  of  the  Romans,  and  to  the  common  advantage 
of  all,  both  rich  and  poor  alike,  we  made  the  following  laws. 
They  are  for  the  benefit  of  all,  both  poor  and  great,  the  secular 
clergy,  monks,  laymen,  and  Jews.  To  secure  these  things 
which  are  for  the  public  good  we  will  spare  neither  ourselves 
nor  our  possessions.  The  princes  and  lords  who  take  the 
oath  are  joined  with  us. 

1.  We  decree  that  we  will  make  no  warlike  expeditions 
except  those  that  are  absolutely  necessary  and  determined 
on  by  the  wise  counsel  of  the  cities  and  communes.    We  will 
mutually  aid  each  other  with  all  our  strength  in  securing 
redress  for  our  grievances.      « 

2.  We  decree  that  no  member  of  the  league,  whether  city 
or  lord,  Christian  or  Jew,  shall  furnish  food,  arms,  or  aid 
of  any  kind,  to  anyone  who  opposes  us  or  the  peace. 

3.  And  no  one  in  our  cities  shall  give  credit,  or  make  a 
loan  to  them. 

4.  No  citizen  of  any  of  the  cities  in  the  league  shall 


No.  319]        SOCIAL  CLASSES  AND  CITIES  607 

associate  with  such,  or  give  them  counsel,  aid,  or  support. 
If  anyone  is  convicted  of  doing  so,  he  shall- be  ejected  from 
the  city  and  punished  so  severely  in  his  property  that  he 
will  be  a  warning  to  others  not  to  do  such  things. 

5.  If  any  knight,  in  trying  to  aid  his  lord  who  is  at  war 
with  us,  attacks  or  molests  us  anywhere  outside  of  the  walled 
towns  of  his  lord,  he  is  breaking  the  peace,  and  we  will  in 
some  way  inflict  due  punishment  on  him  and  his  possessions, 
no  matter  who  he  is.     If  he  is  caught  in  any  of  the  cities, 
he  shall  be  held  as  a  prisoner  until  he  makes  proper  satisfac- 
tion.   We  wish  to  be  protectors  of  the  peasants,  and  we  will 
protect  them  against  all  violence  if  they  will  observe  the  peace 
with  us.    But  if  they  make  war  on  us,  we  will  punish  them, 
and  if  we  catch  them  in  any  of  the  cities,  we  will  punish  them 
as  malefactors. 

6.  We  wish  all  the  cities  to  destroy  all  the  ferries  except 
those  in  their  immediate  neighborhood,  so  that  there  shall 
be  no  ferries  except  those  near  the  cities  which  are  in  the 
league.     This  is  to  be  done  in  order  that  the  enemies  of 
the  peace  may  be  deprived  of  all  means  of  crossing  the  Khine. 

7.  We  decree  that  if  any  lord  or  knight  aids  us  in  pro- 
moting the  peace,  we  will  do  all  we  can  to  protect  him. 
Whoever  does  not  swear  to  keep  the  peace  with  us,  shall  be 
excluded  from  the  general  peace. 

8.  We  decree  that  whoever  is  in  our  cities  as  a  pledge 
[that  is,  as  security  that  some  contract  will  be  kept]   shall 
have  peace  from  all  who  are  in  the  league.    We  will  not  per- 
mit him  to  be  molested  by  anyone  so  long  as  he  is  in  one 
of  our  cities;  but  we  will  defend  him,  and  he  may  enter  and 
leave  the  city  as  he  pleases. 

9.  But  if  any  such  man  breaks  his  oath  and  flees,  he  shall 
be  warned  three  times  by  the  city,  and  if  he  does  not  return, 
the  creditor,  or  the  one  to  whom  he  had  been  security,  may 
bring  suit  against  him  before  the  judges  and  they  shall  com- 
pel him  to  continue  as  security. 


608    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

10.  Above  all  we  wish  to  affirm  that  we  desire  to  live  in 
mutual  peace  with  the  lords  and  all  the  people  of  the  province, 
and  we  wish  that  each  should  preserve  all  his  rights. 

11.  Under  threat  of  punishment  we  forbid  any  citizen 
to  revile  the  lords  although  they  may  be  our  enemies.     For 
although  we  wish  to  punish  them  for  the  violence  they  have 
done  us,  yet  before  making  war  on  them  we  will  first  warn 
them  to  cease  from  injuring  us. 

12.  We  decree  that  all  correspondence  about  this  matter 
with  the  cities  of  the  lower  Rhine  shall  be  conducted  from 
Mainz,  and  from  Worms  with  the  cities  of  the  upper  Rhine. 
From  these  two  cities  all  our  correspondence  shall  be  carried 
on  and  all  who  have  done  us  injury  shall  be  warned.    Those 
who  have  suffered  injury  shall  send  their  messengers  at  their 
own  expense. 

13.  We  also  promise,  both  lords  and  cities,  to  send  four 
official  representatives  to  whatever  place  a  conference  is  to 
be  held,  and  they  shall  have  full  authority  from  their  cities 
to  decide  on  all  matters.     They  shall  report  to  their  cities  all 
the  decisions  of  the  meeting.    All  who  come  with  the  repre- 
sentatives of  the  cities  or  who  come  to  them  [while  in  ses- 
sion], shall  have  peace,  and  no  judgment  shall  be  enforced 
against  them. 

14.  No  city  shall  receive  non-residents,  who  are  commonly 
called  "pfahlbiirgers,"  as  citizens. 

15.  We  firmly  promise  that  if  any  member  of  the  league 
breaks  the  peace,  we  will  proceed  against  him  at  once  as  if 
he  were  not  a  member,  and  compel  him  to  make   proper 
satisfaction. 

16.  We  promise  that  we  will  faithfully  keep  each  other 
informed  by  letter  about  our  enemies  and  all  others  who  may 
be  able  to  do  us  damage,  in  order  that  we  may  take  timely 
counsel  to  protect  ourselves  against  them. 

17.  We  decree  that  no  one  shall  violently  enter  the  house 
of  monks  or  nuns,  of  whatever  order  they  may  be,  or  quarter 


No.  320]         SOCIAL   CLASSES  AND  CITIES  609 

themselves  upon  them,  or  demand  or  extort  food,  or  any  kind 
of  service,  from  them  contrary  to  their  will.  If  anyone  does 
this  he  shall  be  held  as  a  violator  of  the  peace. 

18.  We  decree  that  each  city  shall  try  to  persuade  each 
of  its  neighboring  cities  to  swear  to  keep  the  peace.    If  they 
do  not  do  so,  they  shall  be  entirely  cut  off  from  the  peace, 
so  that  if  anyone  does  them  an  injury,  either  in  their  persons 
or  their  property,  he  shall  not  thereby  break  the  peace. 

19.  We  wish  all  members  of  the  league,  cities,  lords,  and 
all  others,  to  arm  themselves  properly  and  prepare  for  war, 
so  that  whenever  we  call  upon  them  we  shall  find  them  ready. 

20.  We  decree  that  the  cities  between  the  Mosel  and  Basel 
shall  prepare  100  war  boats,  and  the  cities  below  the  Mosel 
shall  prepare  500,  well  equipped  with  bowmen,  and  each  city 
shall  prepare  herself  as  well  as  she  can  and  supply  herself 
with  arms  for  knights  and  foot-soldiers. 

320.  AGREEMENT  BETWEEN  HAMBURG  AND  LUBECK,  ca. 
1230. 

Keutgen,  Urkunden  zur  Stadtischen  Verfassungsgeschichte,  no.  427. 

With  the  deposition  of  Henry  the  Lion,  duke  of  Saxony,  in  1180, 
and  the  consequent  dismemberment  of  his  duchy  (see  no.  112),  north 
Germany  was  left  without  a  great  prince,  and  there  was  no  hope 
that  anyone  would  be  able  to  unite  the  numerous  principalities  which 
were  enjoying  more  or  less  sovereignty.  The  absence  of  any  strong 
power  gave  greater  opportunity  for  the  development  of  the  cities 
and  made  the  Hanseatic  league  possible.  This  league  had  its  origin 
in  the  league  between  Hamburg  and  Liibeck  for  mutual  protection 
against  robbers  in  1241.  But  these  cities  had  already  for  a  long 
time  been  friendly,  and  had  made  a  mutual  agreement  for  the  pro- 
tection of  the  merchants  of  the  one  city  when  they  went  to  the  other. 
Other  cities  joined  them  in  the  league  of  1241.  The  power  and 
influence  of  the  league  grew  until  it  was  able  to  carry  on  war  and 
to  dictate  in  political  matters  to  the  whole  north.  The  earliest  stages 
of  the  development  of  the  league  are  illustrated  by  nos.  320-322. 

To  their  honorable  and  beloved  friends,  the  advocate,  alder- 
men, and  other  citizens  of  Liibeck,  the  advocate,  aldermen, 
and  the  commune  of  Hamburg,  greeting,  etc.  .  .  . 


610    SOURCE  BOOK  FOR  MEDIAEVAL  HISTORY 

We  wish  you  to  know  that  we  desire  by  all  means  to  pre- 
serve the  mutual  love  and  friendship  which  have  hitherto 
existed  between  you  and  us.  We  desire  that  we  shall  have 
the  same  law,  so  that  whenever  your  citizens  come  into  our 
city,  bringing  goods  that  are  unencumbered  [that  is,  about 
which  there  is  no  dispute  or  suit  pending],  they  may  possess 
and  enjoy  them  in  peace  and  security,  in  the  same  way  as 
our  citizens.  .  .  . 

321.  AGREEMENT    FOR   MUTUAL    PROTECTION    BETWEEN 
LUBECK  AND  HAMBURG,  1241. 

Keutgen,  no.  428. 

The  advocate,  council  and  commune  of  Liibeck. 
We  have  made  the  following  agreement  with  our  dear  friends, 
the  citizens  of  Hamburg. 

1.  If  robbers  or  other  depredators  attack  citizens  of  either 
city  anywhere  from  the  mouth  of  the  Trave  river  to  Ham- 
burg, or  anywhere  on  the  Elbe  river,  the  two  cities  shall  bear 
the  expenses  equally  in  destroying  and  extirpating  them. 

2.  If  anyone  who  lives  outside  the  city,  kills,  wounds, 
beats,  or  mishandles,  without  cause,  a  citizen  of  either  city, 
the  two  cities  shall  bear  the  expenses  equally  in  punishing 
the  offender.     We  furthermore  agree  to  share  the  expenses 
equally  in  punishing  those  who  injure  their  citizens  in  the 
neighborhood  of  their  city  and  those  who  injure  our  citizens 
in  the  neighborhood  of  our  city. 

3.  If  any  of  their  citizens  are  injured  near  our  city  [Lii- 
beck], they  shall  ask  our  officials  to  punish  the  offender,  and 
if  any  of  our  citizens  are  injured  near  their  city  [Hamburg], 
they  shall  ask  their  officials  to  punish  the  offender. 

322.  LUBECK,     ROSTOCK,     AND     WISMAR     PROSCRIBE 
PIRATES,  1259. 

Keutgen,  no.  429. 

To  all  the  faithful  subjects  of  Christ.  .  .  .  The  com- 
munes of  Liibeck,  Rostock,  and  Wismar.  .  .  .  Since  most 


No.  323]        SOCIAL  CLASSES  AND  CITIES  611 

merchants  are  not  protected  on  the  sea  from  pirates  and 
robbers,  we  have,  in  a  common  council,  decreed,  and  by  this 
writing  declare,  that  all  who  rob  merchants  in  churches,  in 
cemeteries,  or  on  the  water  or  on  the  land,  shall  be  out- 
lawed and  proscribed  by  all  cities  and  merchants.  No  mat- 
ter where  these  robbers  go  with  their  booty,  whatever  city 
or  land  receives  them  shall  be  held  equally  guilty  with  them, 
and  proscribed  by  all  the  cities  and  merchants.  .  .  . 

323.    DECREES  OF  THE  HANSEATIC  LEAGUE,  1260-64. 

Keutgen,  no.  430  a. 

We  wish  to  inform  you  of  the  action  taken  in  support  of 
all  merchants  who  are  governed  by  the  law  of  Liibeck. 

(1)  Each  city  shall,  to  the  best  of  her  ability,  keep  the 
sea  clear  of  pirates,  so  that  merchants  may  freely  carry  on 
their  business  by  sea.  (2)  Whoever  is  expelled  from  one 
city  because  of  a  crime  shall  not  be  received  in  another. 
(3)  If  a  citizen  is  seized  [by  pirates,  robbers,  or  bandits] 
he  shall  not  be  ransomed,  but  his  sword-belt  and  knife  shall 
be  sent  to  him  [as  a  threat  to  his  captors].  (4)  Any  mer- 
chant ransoming  him  shall  lose  all  his  possessions  in  all  the 
cities  which  have  the  law  of  Liibeck.  (5)  Whoever  is  pro- 
scribed in  one  city  for  robbery  or  theft  shall  be  proscribed 
in  all.  (6)  If  a  lord  besieges  a  city,  no  one  shall  aid  him 
in  any  way  to  the  detriment  of  the  besieged  city,  unless  the 
besieger  is  his  lord.  (7)  If  there  is  a  war  in  the  country, 
no  city  shall  on  that  account  injure  a  citizen  from  the  other 
cities,  either  in  his  person  or  goods,  but  shall  give  him  pro- 
tection. (8)  If  any  man  marries  a  woman  in  one  city,  and 
another  woman  from  some  other  city  comes  and  proves 
that  he  is  her  lawful  husband,  he  shall  be  beheaded.  (9)  If 
a  citizen  gives  his  daughter  or  niece  in  marriage  to  a  man 
[from  another  city],  and  another  man  comes  and  says  that 
she  is  his  lawful  wife,  but  cannot  prove  it,  he  shall  be 
beheaded. 


612    SOURCE  BOOK  FOR  MEDIEVAL  HISTORY 

This  law  shall  be  binding  for  a  year,  and  after  that  the 
cities  shall  inform  each  other  by  letter  of  what  decisions 
they  make. 

324.  DECREES  OF  THE  HANSEATIC  LEAGUE,  1265. 

Keutgen,  no.  430  b. 

We  ought  to  hold  a  meeting  once  a  year  to  legislate  about 
the  affairs  of  the  cities. 

(5)  If  pirates  appear  on  the  sea,  all  the  cities  must  con- 
tribute their  share  to  the  work  of  destroying  them. 

325.  COLOGNE  MERCHANTS  HAVE  A  GILDHALL  IN  LON- 
DON, 1157. 

Keutgen,  no.  431. 

The  merchants  of  Cologne  early  had  commercial  dealings  with 
London.  Her  commercial  relations  with  England  were  more  im- 
portant to  her  than  her  relations  with  Germany,  and  as  a  result  of 
this  she  generally  preferred  her  English  alliance  to  her  less  lucrative 
relations  with  other  German  principalities  on  the  mainland.  In  in- 
ternational complications  Cologne  was  apt  to  be  found  on  the  side 
of  England.  This  document  is  interesting  as  showing  the  early 
existence  of  the  gildhall  of  the  merchants  of  Cologne,  which  was  the 
starting-point  of  the  Hanse  in  London. 

Henry  [II],  by  the  grace  of  God,  etc.,  ...  to  his 
justiciars,  sheriffs,  and  all  his  officials  in  England,  greet- 
ing. I  command  you  to  guard,  maintain,  and  protect  all 
the  men  and  citizens  of  Cologne  as  if  they  were  my  own 
subjects  and  friends,  and  all  their  goods,  merchandise,  and 
possessions.  You  shall  not  permit  them  to  suffer  any  loss 
or  damage  in  their  house  in  London,  which  is  called  their 
gildhall,  or  in  their  goods,  or  merchandise,  or  anything  else 
that  belongs  to  them,  because  they  are  faithful  to  me,  and 
they  are  in  my  ward  and  protection.  They  shall  have  com- 
plete protection,  and  they  shall  pay  only  their  customary 
tolls,  and  you  shall  not  exact  new  tolls  from  them.  .  .  < 


BIBLIOGRAPHY 

The  following  list  is  intended  to  serve  both  as  a  brief  bibliography 
of  important  collections  of  mediaeval  documents  and  as  an  explanation 
of  the  references.  In  the  case  of  the  more  important  collections  and 
works  a  brief  comment  is  added.  Many  titles  are  omitted  where  the 
reference  in  the  text  is  clear  anl  the  work  is  not  of  general  importance. 

1.     LARGE  COLLECTIONS ;    NATIONAL 

M.  G.  Monumenta  Germanise  Historica;  SS.,  LL.,  DD.,  refer  to  the 
divisions  Scriptores,  Leges,  Diplomata,  according  to  which  the  work 
is  arranged;  folio,  4to,  refer  to  the  two  forms  of  the  collection. 

Scriptores  rerum  Germani?arum  in  usum  scholarum;  chronicles  re- 
printed in  8vo  from  M.  G.  SS. 

Jaffe,  Bibliotheca  rerum  Germanicarum ;  6  vols. 

Bohmer,  Fontes  rerum  Germanicarum;   4  vols. 

Bohmer-Ficker-Winkelmann,  Regesta.  Summaries  of  imperial  docu- 
ments with  indications  of  the  places  where  they  are  to  be  found. 

Bouquet  Recueil  des  historiens  des  Gaules  et  de  la  France.  French 
collection  of  mediaeval  sources,  in  23  vols. 

Documents  ine"dits  sur  1'histoire  de  France. 

Muratori,  Rerum  Italicarum  Scriptores;  collection  of  chronicles  relat- 
ing chiefly  to  the  history  of  Italy  in  the  Middle  Age,  in  28  vols. 

Rolls  series,  Rerum  Britannicarum  medii  aevi  scriptores,  or  chronicles 
and  memorials  of  Great  Britain  and  Ireland  during  the  Middle 
Ages.  Published  under  the  direction  of  the  Master  of  the  Rolls. 

Rymer,  Foedera;  English  public  documents,  20  vols. 

2.     LARGE  COLLECTIONS;    ECCLESIASTICAL  AND  PAPAL 

Migne,  Patrologia;  Cursus  completus  patrologiae     .     .     .     Series  Lati- 

na;  acts  and  writings  of  the  fathers  and  popes,  221  vols. 
MansJ,  Conciliorum  amplissima  collectio. 

613 


614  BIBLIOGRAPHY 

Hefele,  Conciliengeschichte;  quotes  or  cites  in  translation  many  decrees 
of  councils;  9  vols. 

Baronius,  Annales  ecclesiastic!;  collection  of  chronicles  relating  to  the 
history  of  the  Roman  Catholic  church,  published  in  1598. 

Raynaldus,  Annales;    continuation  of  Baronius. 

Watterich,  Pontificum  Romanorum  vita;;  lives  of  the  popes,  9th  to  13th 
centuries. 

Bullarium  Romanum;  collection  of  papal  bulls,  450-1550  A.D. 

Corpus  juris  canonici;  collection  of  decrees  of  councils  and  popes,  form- 
ing the  body  of  the  canon  or  church  law. 

Liber  diurnus;  collection  of  forms  of  papal  documents,  letters,  grants, 
bulls,  etc.,  to  serve  as  models  for  the  papal  secretaries. 

Duchesne,  Liber  pontificalis. 

3.   SPECIAL  TOPICS.  SELECTED  DOCUMENTS,  ETC. 

Die  Chroniken  der  deutschen  Stadte  vom  14.  bis  ins  16.  Jahrh. ;  22  vols. 
Huilliard-Br^holles,  Historica  diplomatica  Friderici  secundi ;   12  vols. 
Doeberl,  Monumenta  Germanise  Selecta;  selected  documents  referring 

to  the  history  of  Germany,  vols.  3-5,  1037-1250  A.D. 
Altmann  und  Bernheim,  Ausgewahlte  Urkunden;    selected  documents 

referring  to  the  history  of  Germany  in  the  Middle  Age. 
Breslau,  Diplomata  Centum;    a  collection  of  one  hundred  documents 

illustrating  mediaeval  diplomatics. 


GLOSSARY 

This  list  is  meant  to  include  only  technical  terms  which  occur  fre- 
quently in  the  text.  Terms  which  are  familiar,  and  those  which  are 
used  only  once  or  twice  and  explained  in  the  text,  are  therefore  not 
included. 


abbot,  head  of  a  monastery;  see 
no.  251,  chs.  2,  64. 

advocate,  advocatus,  representa- 
tive of  church  or  prelate  in 
secular  affairs;  in  feudal  sys- 
tem regularly  a  vassal  of  the 
church,  holding  office  and  church 
lands  as  fief;  see  no.  296  in- 
troduction. 

aids,  obligations  of  vassal  to  his 
lord;  see  introductory  note  to 
nos.  209-228,  and  nos.  215-217. 

alderman,  originally  head  of  a 
gild ;  later,  regularly  member  of 
ruling  council  of  a  city. 

allodial  land,  alod,  small  freehold, 
as  distinct  from  tenant-farm; 
later  in  feudal  system  also  ap- 
plied to  family  possessions  of  a 
noble  as  distinct  from  lands  held 
by  title  of  duke,  count,  etc. ;  an 
instance  of  this  latter  use  in 
no.  90. 

anathema,  curse,  regularly  associ- 
ated with  papal  excommunica- 
tion. 

apostolic  seat,  apostolic  see,  the 
bishopric  of  Rome,  used  as  a 
figure  of  speech  for  pope  or 
papal  office. 

Augustus,  from  time  of  Otto  III 
the  title  regularly  assumed  by 
emperors  after  imperial  coro- 
nation ;  indicates  the  theory  that 
mediaeval  emperors  were  succes- 
sors to  Roman  emperors. 


bailly,  bailiff,  representative  of 
lord  in  the  villa. 

ban,  ( 1 )  proscription,  or  outlaw- 
ry, regularly  that  pronounced 
by  emperor  against  a  subject; 
(2)  particular  tine  paid  to  em- 
peror or  king  in  addition  to  or- 
dinary penalty,  usually  60  so- 
lidi. 

basilica,  church,  especially  early 
church  modelled  on  Roman  pub- 
lic building  called  basilica. 

Bauermeister,  see  introductory 
note  to  section  vii. 

benefice,  beneficium,  (I)  a  form 
of  land-holding,  practically  a 
fief;  see  nos.  197-202  and  intro- 
duction; (2)  lands  and  income 
attached  to  the  office  of  a  canon. 

bull,  a  decree  or  edict  of  the  pope. 

burggrave,  the  official  representa- 
tive of  overlord  or  king  in  a 
city;  later  a  feudal  noble. 

canon,  ( 1 )  a  decree  of  a  council 
or  synod;  (2)  one  of  the  chap- 
ter of  a  bishop's  church. 

canon  law,  ecclesiastical  law,  the 
law  of  the  church,  based  on  the 
decrees  of  popes  and  councils ; 
see  no.  33,  introduction,  and 
Bibliography,  Corpus  juris  ca- 
nonici. 

canonical  election,  election  of  a 
church  official  in  accordance 
with  canon  law. 

capitulary,     decree     or     edict    of 


615 


616 


GLOSSARY 


Carolingian  king  or  emperor, 
drawn  up  with  advice  of  Frank- 
ish  assembly. 

cardinal,  a  member  of  the  Sacred 
College,  the  advisory  body  of  the 
pope,  standing  next  to  him  in 
Catholic  hierarchy,  and  intrust- 
ed with  duty  of  electing  pope. 
Members  of  college  have  titu- 
lar offices  in  the  bishopric  of 
Rome,  as  cardinal  bishops  (now 
6  in  number ) ,  cardinal  pres- 
byters (now  50),  and  cardinal 
deacons  (now  14). 

chamberlain,  see  court  officials. 

chancellor,  official  at  the  head  of 
the  department  intrusted  with 
drawing  up  and  preserving  doc- 
uments; an  important  office  in 
every  royal  court,  frequently 
held  by  an  ecclesiastic. 

chaplain,  priest  of  private  church 
or  chapel  of  great  lord  or  ruler ; 
in  royal  courts  becomes  impor- 
tant member  of  council  and  cen- 
tral administration  of  king. 

chapter,  regularly  the  corporation 
of  the  clergy  attached  to  the 
bishop's  church,  including  dean, 
praepositus,  cantor,  scholasticus, 
penitentiarius,  treasurer,  etc. 

confession  of  St.  Peter;  see  no. 
45,  note  1. 

council,  the  general  assembly  of 
the  church,  composed  of  chief 
clergy  and  representatives  of 
lower  clergy,  and  summoned  oc- 
casionally by  pope  or  cardinals ; 
see  no.  41,  note  3,  and  nos.  169- 
174. 

count,  comes,  the  chief  official  in 
a  county,  originally  as  repre- 
sentative of  the  king,  later,  in 
feudal  system,  as  feudal  lord  of 
lesser  nobles  in  county. 

count  palatine,  comes  palatinus, 
one  of  chief  officials  of  royal 
court;  in  feudal  system,  hered- 
itary title  attached  to  certain 
possessions,  as  ualatine  county 


of  the  Rhine  in  Germany,  and 
of  Champagne  in  France. 

court  officials,  officers  of  the  royal 
courts  charged  with  important 
departments  of  central  admin- 
istration :  seneschal,  steward, 
chief  official  in  charge  of  royal 
household  and  domains ;  cham- 
berlain, originally  officer  in 
charge  of  royal  chamber,  later 
practically  treasurer ;  cup- 
bearer, cellarer,  or  butler,  offi- 
cer in  charge  of  vineyards ; 
marshal  or  constable,  officer 
in  charge  of  royal  stables, 
later  of  the  royal  army. 
These  offices  in  the  begin- 
ning were  of  private  nature, 
were  later  extended  to  include 
important  public  functions  and 
became  hereditary  in  hands  of 
great  nobles,  and  then  became 
merely  titular  and  ceremonial, 
the  real  duties  being  performed 
by  royal  officials  and  servants. 
See  no.  160,  ch.  27,  for  this  last 
stage,  in  Germany. 

cupbearer,  see  court  officials. 

dean,  head  of  a  chapter  of  canons. 

denarius,  a  small  coin,  penny, 
originally  silver;  see  no.  4,  I, 
note  2. 

diet,  general  assembly  of  the  em- 
pire, including  in  final  form  the 
great  ecclesiastics  and  nobles, 
and  representatives  of  imperial 
cities;  see  nos.  146,  158,  159, 
160  for  instances. 

diocese,  ecclesiastical  district  ruled 
over  by  a  bishop,  made  up  of 
parishes ;  archdiocese,  ecclesi- 
astical district  of  an  arch- 
bishop, comprising  several 
bishoprics. 

duke,  ruler  of  a  duchy,  a  great 
feudal  lord,  in  Germany  retain- 
ing character  also  of  a  public 
official  to  time  of  Frederick  I. 

electors,  electoral  princes,  princes 
of  Germany  who  exercised  the 


GLOSSARY 


617 


right  of  electing  the  emperor; 
see  no.  160  for  names  of  the 
electors,  their  prerogatives,  etc. 

excommunication,  exclusion  from 
the  communion  of  the  Catholic 
church,  entailing  loss  of  rank 
and  privileges  on  part  of  church 
officials,  and  of  allegiance  of 
subjects  on  part  of  secular 
ruler;  ecclesiastical  outlawry. 

feudal  terms,  see  introductory 
note  to  nos.  209-228. 

fief,  regularly  an  estate  or  terri- 
tory held  from  a  superior  on 
terms  of  personal  allegiance 
and  honorable  service,  usually 
military  support. 

fodrum,  fodder;  as  an  obligation, 
the  duty  of  supplying  pro- 
visions for  the  royal  army. 

gild,  society  or  association  of 
merchants  of  a  town,  or  of  ar- 
tisans of  a  single  trade  in  a 
town.  Gild  of  the  merchants 
in  many  cases  represented  the 
town  in  the  struggle  for  a 
charter,  and  government  of 
many  towns  was  based  on  the 
organization  of  the  gild. 

hide,  portion  of  a  family  in  the 
lands  of  the  village  community. 

hierarchy  of  the  Catholic  church, 
chief  ecclesiastical  officials;  in 
order  of  authority:  pope,  car- 
dinals, archbishops,  bishops. 
For  lower  grades,  see  no.  34, 
note  1. 

homage,  ceremony  of  entering 
into  personal  dependence  on  a 
lord,  preliminary  to  receiving 
a  tief  from  him;  see  nos.  209- 
214,  218-225. 

hundred,   division    of   the    county, . 
mainly    for    judicial    purposes ; 
see    no.    -1,    note    1,    and    no.    4 
introduction. 

hundred-court,  local  public  court 
of  the  hundred ;  the  regular 
public  court  in  Germany;  see 
introductory  note  to  section  vii. 


hundred-man,  centenarius,  cent- 
graf,  presiding  official  of  the 
hundred-court,  usually  elected 
by  freemen  of  the  hundred ;  see 
no.  1,  note  4,  and  no.  4  intro- 
duction. 

immunity,  freedom  from  control 
of  public  officials ;  a  right  at- 
tached to  gifts  of  land  from 
king;  see  nos.  190-194,  and  in- 
troduction. 

indiction,  number  of  a  year  in  a 
period  of  15  years,  used  as  a 
means  of  dating  mediaeval  doc- 
uments; established  by  Con- 
stantine  and  beginning  with 
the  year  313  A.D.  To  find  the 
indiction  of  a  year,  add  3  to 
the  number  of  the  year  and  di- 
vide by  15;  the  remainder  is 
the  indiction  of  the  year;  if 
there  is  no  remainder,  the  in- 
diction is  15. 

indulgence,  see  no.  179  introduc- 
tion. 

insignia,  symbols  of  office,  com- 
monly referring  to  royal  or  im- 
perial symbols;  see  nos.  158, 
159,  and  160,  ch.  22,  for  in- 
signia of  emperor. 

interdict,  prohibition  of  perform- 
ance of  church  services  and  sac- 
raments, pronounced  by  ecclesi- 
astical authority  against  a 
district  or  a  country,  frequent- 
ly for  the  sins  of  its  ruler. 

investiture,  the  ceremony  of  in- 
duction into  office,  whether  ec- 
clesiastical or  secular. 

justice,  in  feudal  system  techni- 
cally right  of  lord  to  try 
cases  of  inhabitants  of  his  fief 
in  his  feudal  court;  see  no.  228, 
1,  note  1 ;  as  a  revenue,  in- 
come from  fines  in  feudal  jus- 
tice. 

king  of  the  Romans,  title  used  by 
German  kings  from  the  time  of 
Henry  III  before  the  imperial 
coronation;  later  also  used  by 


618 


GLOSSARY 


son    of   the    emperor    associated 
in  the  rule  with  his  father. 

landgrave,  a  feudal  noble,  prac- 
tically the  same  as  feudal 
count. 

legate,  special  representative  of 
the  pope;  see  no.  66  introduc- 
tion. 

liege  homage,  see  no.  218  intro- 
duction. 

margrave,  the  official  in  control  of 
a  mark  or  frontier  county; 
later  a  feudal  noble. 

marshal,   see   court   officials. 

metropolitan,  as  a  noun,  arch- 
bishop; as  an  adjective,  archi- 
episcopal. 

ministerial,  servant  of  the  king  or 
great  lord  in  Germany;  being 
endowed  with  land  and  used  as 
mounted  followers  in  war,  they 
become  a  lower  nobility ;  see  no. 
297  introduction. 

missi,  in  general,  representatives 
of  central  government  sent  into 
local  districts ;  in  particular, 
the  officials  sent  out  annually 
by  Karl  the  Great  and  his  suc- 
cessors to  oversee  the  admin- 
istration of  local  officials,  etc.; 
see  no.  9  introduction. 

notary,  lower  official  in  the  de- 
partment of  the  chancellor. 

patriarch,  in  the  west,  honorary 
title  attached  to  certain  bish- 
oprics, as  patriarch  of  Aqui- 
leia;  in  East,  bishop  of  highest 
rank,  as  patriarch  of  Constan- 
tinople. 

patricius,  see  no.  48  introduc- 
tion. 

patrimony,  estate  or  territory  be- 
longing   to    the    pope    as    pos- 
session  of   office ;    Patrimony   of 
St.     Peter,     land     about     Rome 
which    was     the    basis    of    the 
states   of   the   church. 
Petrine  theory,  see  no.  35. 
pfahlburgers,    phalburgii;    see   no. 
139,  sec.  10. 


pontificate,  papacy,  period  of  rule 
of  a  pope. 

pope,  bishop  of  Rome  and  head  of 
the  church;  titles:  vicar  of 
Christ,  vicar  of  St.  Peter,  apos- 
tolic, universal,  servant  of  the 
servants  of  God,  etc. 

prcepositus,  prgvot,  provost,  ( 1 ) 
member  of  chapter  of  canons,  in 
charge  of  lands  of  the  chapter; 
(2)  a  layman  in  charge  of  do- 
main lands  of  a  bishop ;  ( 3 ) 
the  representative  of  great  lord 
or  king  in  local  regions;  (4) 
the  chief  of  a  gild,  or  the 
mayor  of  a  city. 

precarium,  see  introductory  note 
to  nos.  184-188. 

prior,  chief  official  under  the  ab- 
bot in  a  monastery;  also  ruler 
of  a  priory  or  small  congrega- 
tion of  monks  dependent  on  a 
monastery. 

regalia,  sovereign  rights,  or 
rights  of  the  crown;  see  no. 
83,  no.  103  and  introduction. 

Schoeffen,  scabini,  originally 
board  of  judges  for  each  hun- 
dred-court, established  as  a  ju- 
dicial reform  by  Karl  the 
Great;  from  these  develop 
Schoeffen  of  feudal  domains 
and  cities,  as  judges  in  the 
courts  there. 

Schultheiss,  originally  subordi- 
nate official  of  the  count,  who 
becomes  presiding  officer  of 
lower  public  courts  in  Ger- 
many; name  used  also  for  pre- 
siding officer  of  court  on  terri- 
tory of  feudal  lord,  and  in  cities 
under  jurisdiction  of  lord ;  see 
introductory  note  to  section  vii. 

seneschal,  see  court  officials. 

senior,  see  no.  208,  note. 

serf,  unfree  tenant  on  a  feudal 
estate,  paying  rent  and  services 
to  the  lord,  bound  to  the  soil, 
and  subject  to  the  jurisdiction 
of  the  lord's  officials. 


GLOSSARY 


619 


simony,  use  of  money  or  secular 
influence  to  secure  an  ecclesias- 
tical office;  generally,  securing 
of  such  an  office  by  any  means 
other  than  canonical  election. 

solidus,  a  gold  or  silver  coin,  shil- 
ling, containing  12  denarii ;  see 
no.  4,  I,  note  2. 

suffragan  bishop,  one  who  has  the 
right  of  voting  for  his  arch- 
bishop. 

synod,  local  council  of  bishopric 
or  archbishopric  summoned  by 
the  prelate. 


vassal,  one  who  has  promised  al- 
legiance and  fidelity  to  a  su- 
perior, from  whom  he  holds  a 
fief. 

villa,  village  or  community  of 
tenants  and  serfs  on  feudal  do- 
main, corresponding  to  English 
manor;  the  unit  of  organiza- 
tion of  feudal  estates. 

wergeld,  compensation  for  man- 
slaughter, paid  to  the  kindred 
of  the  slain  man  by  slayer  or 
his  kindred;  see  no.  1,  ch.  21, 
note  6,  and  no.  4,  XLI,  note  1. 


iifornia,  San  I 

CDUE 


A    000  708  489 


